Massachusetts Reports, Volume 181H.O. Houghton and Company, 1903 - Law reports, digests, etc |
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Common terms and phrases
accident action agreed agreement Allen amendment amount appeared assessment assignment Bank BARKER bill Brookline building charge claim codicil commissioners Commonwealth construction contended contract corporation count damages death decree deed defendant's entitled equity evidence Exceptions overruled executor fact fendant filed finding fraud ground HAMMOND heirs held HOLMES husband injury intention issue January January 13 judge judgment jury justice KNOWLTON land LATHROP lease letters patent liability LORING March March 17 Mass ment mortgage MORTON motion negligence Old Colony Railroad opinion paid parties passageway payment Pennsylvania Steel Company person petition petitioner plaintiff premises Present Probate Court purpose question Railroad real estate reason recover refused request respondent rule set-off statute statute of frauds Street Railway Suffolk Superior Court tenant testator testified testimony tion TORT tracks trial trust verdict vote wife witness Writ dated
Popular passages
Page 69 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Page 75 - And I hereby covenant with the grantee that I am the lawful owner of said goods and chattels, that they are free from all incumbrances, that I have good right to sell the same as aforesaid, and that I will warrant and defend the same against the lawful claims and demands of all persons...
Page 326 - SEC. 4465. It shall not be lawful to take on board of any steamer a greater number of passengers than is stated in the certificate of inspection ; and for every violation of this provision the master or owner shall be liable, to any person suing for the same, to forfeit the amount of passage money and ten dollars for each passenger beyond the number allowed.
Page 83 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts...
Page 446 - ... which may enable the plaintiff to sustain the action for the cause for which it was intended to be brought, or enable the defendant to make a legal defense,
Page 533 - ... interest at the rate of six (6%) per cent per annum, payable semiannually...
Page 173 - The trust does not act directly upon the will by modifying the gift, for the law requires wills to be wholly in writing, but it acts upon the gift itself as it reaches the possession of the legatee, or as soon as he is entitled to receive it. The theory is that the will has full effect by passing an absolute legacy to the legatee, and that then equity, in order to defeat fraud, raises a trust in favor of those intended to be benefited by the testator, and compels the legatee, as a trustee ex maleficio,...
Page 511 - ... behalf of the city until the City Council has duly voted an appropriation sufficient to meet such expenditure or liability...
Page 237 - I give, devise, and bequeath to 1 And I do give, devise, and bequeath all the rest and residue of my estate, both real and personal, to heirs and assigns forever,1.
Page 40 - My will is, that all my just debts and funeral charges shall, by my executors hereinafter named, be paid out of my estate, as soon after my decease as shall by them be found convenient.* Item.