Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Opseg 66H.O. Houghton and Company, 1866 |
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action administrator agent agreement alleged appears applied assignment assumpsit authority barratry bill bridge by-laws causeway charge City of Boston claim clause Coggeshall common pleas Commonwealth complainant contract court of common creditor Cush damages debt debtor deceased deed defendant demandant Edward Blake entitled equity equity of redemption evidence execution executor facts felony Fire heirs held Hudson River indictment indorsed Inhabitants insolvent Insurance Company intent interest issue John Hull judge judgment land Lehigh street Leonard Fuller liable Lowell Massachusetts Medical Society ment mortgage notice offence Old Colony Railroad opinion owner paid parties payment Perry person petitioners Pick plaintiff Plimpton premises Proprietors proved provisions question recover respondent road rule seaworthy seisin SHAW statute tenant term testator tion trial trustees usury verdict vessel viii vote voyage warranty West Boston West Boston Bridge witness writ
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Stranica 148 - And if the said insured or his assigns shall hereafter make any other insurance on the same property, and shall not, with all reasonable diligence, give notice thereof to this corporation, and have the same indorsed on this instrument, or otherwise acknowledged by them in writing, this policy shall cease and be of no further effect.
Stranica 385 - The first and great rule in the exposition of wills, to which all other rules must bend, is that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.
Stranica 101 - It is unnecessary for us to pass upon the question as to whether the trial court was correct in holding that the burden of proof was on the defendants to show that the plaintiff...
Stranica 177 - ... in the construction and maintenance of its lines of wire and other appurtenances, and in carrying on its business, so as to make the same safe against accidents, so far as such safety can, by the use of such care and diligence, be secured. If it observed such degree of care, it was not liable. If it failed therein, it was liable for injuries...
Stranica 418 - And the said applicant hereby covenants and agrees to and with the said company, that the foregoing is a just, full, and true exposition of all the 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.
Stranica 425 - ... concealment is the designed and intentional withholding of any fact material to the risk, which the assured in honesty and good faith ought to communicate...
Stranica 477 - In determining it, we must look to the declared purposes of the act, and if a public use is declared, it will be so held, unless it manifestly appears by the provisions of the act, that they can have no tendency to advance and promote such public use.
Stranica 478 - The establishment of a great mill power for manufacturing purposes, as an object of great public interest, especially since manufacturing has come to be one of the great public industrial pursuits of the Commonwealth...
Stranica 426 - Policy is made and accepted in reference to the terms and conditions hereto annexed, which are to be used and resorted to in order to explain the rights and obligations of the parties hereto, in all cases not herein otherwise specially provided for.
Stranica 365 - An owner cannot commit barratry. He may make himself liable by his fraudulent conduct to the owner of the goods, but not as for barratry.