Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volumen38H.O. Houghton and Company, 1866 |
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Resultados 1-5 de 77
Página 6
... the present suit is to determine , as far as practicable , upon whom the losses shall fall , and how .hey shall be apportioned . The mistakes were accidental , aud there is no reason to suppose that any misrepresentation or 6 WORCESTER .
... the present suit is to determine , as far as practicable , upon whom the losses shall fall , and how .hey shall be apportioned . The mistakes were accidental , aud there is no reason to suppose that any misrepresentation or 6 WORCESTER .
Página 7
... loss growing out of the misfortunes of a joint speculation . It will be impossible to discuss this question without ... loss must fall equally upon the parties . But this was only the beginning of the errors and losses , into which this ...
... loss growing out of the misfortunes of a joint speculation . It will be impossible to discuss this question without ... loss must fall equally upon the parties . But this was only the beginning of the errors and losses , into which this ...
Página 10
... loss equally . Had all the facts been as stated , and had the mortgage been in the hands of a third person , instead of one of the purchasers , the loss , if any were sustained , should , like the loss on the purchase of the equity ...
... loss equally . Had all the facts been as stated , and had the mortgage been in the hands of a third person , instead of one of the purchasers , the loss , if any were sustained , should , like the loss on the purchase of the equity ...
Página 11
... loss must be borne equally by the parties . If they have any remedy , it must be against Parkhurst , to recover back money paid to him under a mistake ; but neither can have a right to throw upon his associates an undue propor- tion of ...
... loss must be borne equally by the parties . If they have any remedy , it must be against Parkhurst , to recover back money paid to him under a mistake ; but neither can have a right to throw upon his associates an undue propor- tion of ...
Página 15
... loss , ut Godfrey would actually be enriched , by a speculation which caused a great loss to the common concern . Godfrey had a debt due to himself , and also owed a debt as surety to the Mendon bank , two thirds of both of which the ...
... loss , ut Godfrey would actually be enriched , by a speculation which caused a great loss to the common concern . Godfrey had a debt due to himself , and also owed a debt as surety to the Mendon bank , two thirds of both of which the ...
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Términos y frases comunes
action alleged amount appear assignment assumpsit attachment authority bank bill breach charged cited Claflins claim common law Common Pleas condition contended contract conveyed corporation Court creditors damages David Shepard debt declaration deed defendant defendant's delivered the opinion demand discharged entitled equity et ux evidence execution facts furnish Godfrey grant held Hovey indictment indorsed insured intent interest intestate judgment jury land liable loss Mass meetinghouse Mendon ment Mill Dam Foundery mortgage nonsuit notice objection offence officer owner paid parish Parkhurst parties payable payment person Pick Pilgrim Society plaintiff pleaded possession promissory note proved provisions purpose question reasonable recover remedy repairs Revised Stat rule scire facias seisin SHAW C. J. delivered statute statute of limitations Stearns suit surety tenant term testator testified tion town trespass trial trover trustee verdict versus vessel vote warrant witness wood writ
Pasajes populares
Página 156 - Every subject has a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation...
Página 595 - new grant.' since it is an undisputed principle, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversaries.
Página 510 - That whoever commits adultery shall be punished by imprisonment in the penitentiary not exceeding three years; and when the act is committed between a married woman and a man who is unmarried, both parties to such act shall be deemed guilty of adultery: and when such act is committed between a married man and a woman who is unmarried, the man.
Página 487 - Bank ;' and the defendant contends, that the action should have been brought in the name of the person who was then cashier, and will not lie in the name of the corporation.
Página 107 - ... but the repeal of existing laws or modifications thereof embraced in this act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before...
Página 209 - ... shall not affect any act done, or any right accruing or accrued or established, or any suit or proceeding had or commenced in any civil case, before the time when such repeal shall take effect.
Página 475 - It is also agreed that the insured shall not have the right to abandon the vessel for the amount of damage merely, unless the amount which the insurers would be liable to pay, under an adjustment, as of a partial loss, shall exceed half the amount insured.
Página 163 - ... lease or indenture heretofore made agreeably to law. And the lands and tenements of said proprietors, shall not be liable to be taken in execution for debt. And if any of said proprietors shall be committed in execution for debt, he she or they shall have the same benefit, from an Act intitled, "An Act for the relief of poor prisoners who are committed by execution for debt...
Página 481 - ... in like manner as it is allowed by the custom of merchants on foreign bills of exchange, payable at the expiration of a certain period after date or sight.
Página 65 - In considering the various statutes regulating the assessment of taxes, and the measures preliminary thereto, it is not always easy to distinguish which are conditions precedent to the legality and validity of the tax, and which are directory merely, and do not constitute conditions. One rule is very plain and well settled — that all those measures...