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action affreightment agent agreed agreement Allen American Tract Society amount appeared applied assessment assignment Attorney authority barratry barrels bill bill of lading Boston Churchwardens cited claim clause commissioners Commonwealth consideration contract conveyance conveyed corporation court of equity covenant creditors Cush damages debt debtor declaration deed defendant's delivered demand devise discharge dollars entitled equity evidence Exceptions overruled execution facts fendant fraud Gray held indictment insolvency intended Jamaica Pond judge judgment jury King's Chapel land lease liable loss mackerel ment mortgage objection opinion owner paid parties payment person petitioners Pick plaintiff possession premises prove provisions purchase question Railroad real estate reason received recognizance recover rent replevin request rule seisin set-off ship sold statute statute of frauds sufficient superior court sustained Taunton tenant testator thereof tiff tion town trial Trinity Church trust verdict vessel void
Page 59 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 517 - That where any person hath or shall have any child or children under the age of one and twenty years, and not married at the time of his death, That it shall and may be lawful to and for the father of such child or children, whether born at the time of the decease of the father, or at that time in ventre sa mere...
Page 542 - The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only: the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist and to induce him to estimate the risque, as if it did not exist.
Page 273 - whenever the law makes one step towards the accomplishment of an unlawful object with the intent or purpose of accomplishing it criminally, a person taking that step, with that intent or purpose, and himself capable of doing every act on his part to accomplish that object, cannot protect himself from responsibility by showing that, by reason of some fact unknown to him at the time of his criminal attempt, it could not be fully...
Page 51 - Upon the principle that qui facit per alium facit per se, the master is responsible for the acts of his servant ; and that person is undoubtedly liable who stood in the relation of master to the wrongdoer — he who had selected him as his servant, from the knowledge of or belief in his skill and care, and who could remove him for misconduct, and whose orders he was bound to receive and obey...
Page 273 - Whenever the law makes one step towards the accomplishment of an unlawful object, with the intent or purpose of accomplishing it, criminal, a person taking that step, with that intent or purpose, and himself capable of doing every act on his part to accomplish that object, cannot protect himself from responsibility by showing that, by reason of some fact unknown to him at the time of his criminal attempt, it could not be fully carried into effect in the particular instance.
Page 103 - ... at the expiration of his trust to settle his accounts with the court or with the ward, if he be of full age, or his legal representatives, and to pay over and deliver all the estate, moneys, and effects remaining in his hands, or due from him on such settlement, to the person who is lawfully entitled thereto.
Page 538 - ... so altered or changed either by change of occupancy in the premises insured, or containing property insured, or from adjacent exposure, whereby the hazard is increased, and the assured fail to notify the company, or if the title to said property shall be in any way changed, * * * in every such case the risk thereupon shall cease and determine, and the policy be null and void.
Page 27 - ... so far as respects debts contracted subsequent to the passage of such law. Thirdly, but that a certificate of discharge under such a law cannot be pleaded in bar of an action brought by a citizen of another State in the courts of the United States, or of any other State than that where the discharge was obtained.
Page 473 - It is not denied by the defendants that a verbal acceptance of a written offer to sell merchandise is sufficient to constitute a complete and obligatory agreement, on which to charge the person by whom it is signed. In such case, if the memorandum is otherwise sufficient when it is assented to by him to whom the proposal has been made, the contract is consummated by the meeting of the minds of the two parties, and the evidence necessary to render it valid and capable of enforcement is supplied by...