Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 63-64H.O. Houghton and Company, 1866 |
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action adverse possession agent agreed agreement alleged amount appear apply assessed assignee assumpsit authority award bank bill bond Boston C. P. Huntington charge chose in action claim common law common pleas commonwealth complainant contract conveyance conveyed corporation court of common creditors Curtis Cush damages debt debtor deceased declarations deed defendant demandant dollars Drake entitled entry equity evidence exceptions execution executor facts Fitchburg Railroad Company granted Greenl held Horace Gray indorsed insolvent instructed the jury intention interest judge judgment land liable ment mortgage nonsuit objection opinion owner paid parish parties payment person petitioners Pick plaintiff possession premises present promissory note proprietors prove provisions purpose question railroad real estate received recover rule seisin shares statute statute of frauds stockholders suit tenant term thereof tiff tion town trial trustee verdict vessel vote witness writ
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Halaman 534 - ... if, after any cause of action shall have accrued, the person against whom it has accrued shall be absent from, and reside out of the state, the time of his absence shall not be taken as any part of the time limited for the commencement of the action.
Halaman 203 - ... and funds in the hands of such executor, administrator, guardian or trustee, shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Halaman 117 - ... void as to the whole property insured. Another rule of interpretation is, that the terms of a contract are to be understood so as to have an actual and legal operation, and the construction is to be such that the whole instrument or contract and every part of it may take effect, if it be possible consistently with the rules of law and the intention of the parties.
Halaman 550 - Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk...
Halaman 441 - In the construction of a contract the court must bear in mind the situation of the parties, the subject-matter of the contract, and the intention of the parties in making it, and should carry that intention into effect so far as the rules of language and the rules of law will permit.
Halaman 118 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Halaman 231 - It is further claimed that the verdict was so excessive as to indicate that it was the result of passion or prejudice. As stated, the trial court was of the opinion that the finding of the jury as to the extent of the damage, namely, $12,500, was not supported by the evidence, and directed that the verdict be set aside and a new trial granted on the ground that the same was excessive unless plaintiff remit the sum of $6,500.
Halaman 351 - ... entitled to all the rights and privileges, and subject to all the liabilities, to which the original party insured was entitled and subjected under this act.
Halaman 351 - ... may have the same ratified and confirmed to him, her, or them, for his, her, or their own proper use and benefit, upon application to the directors...
Halaman 429 - The question for the opinion of the court is, — whether the plaintiffs are entitled to recover against the defendant any, and, if any, what, sum of money exceeding the amount paid into court.