Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volumes 125-126H.O. Houghton and Company, 1907 - Law reports, digests, etc |
From inside the book
Results 1-5 of 99
Page 13
... trustee in relation to the fund . The trustee in such case ought not to be permitted to defeat the claim upon the land , so long as he continues to hold the title , by proving only that he contributed to the purchase money and mingled ...
... trustee in relation to the fund . The trustee in such case ought not to be permitted to defeat the claim upon the land , so long as he continues to hold the title , by proving only that he contributed to the purchase money and mingled ...
Page 14
... trustee purchases with the trust fund and takes the conveyance in his own name , there is properly speaking no re- sulting trust , though it is usually called so ; for there is in equity a very substantial difference between them , both ...
... trustee purchases with the trust fund and takes the conveyance in his own name , there is properly speaking no re- sulting trust , though it is usually called so ; for there is in equity a very substantial difference between them , both ...
Page 28
... trustee , $ 360 , on account of the note , and took from the plain- tiffs the following receipt , signed and sealed by them : " In con- sideration of the sum of three hundred and sixty dollars from J. C. Hammond , trustee , from funds ...
... trustee , $ 360 , on account of the note , and took from the plain- tiffs the following receipt , signed and sealed by them : " In con- sideration of the sum of three hundred and sixty dollars from J. C. Hammond , trustee , from funds ...
Page 137
... to enforce the performance of a contract complete in itself can never be pleaded ir bar to a suit upon the contract . Exceptions overruled . CALEB W. LORING , trustee , vs. SALISBURY MILLS . RODOCANACHI v . BUTTRICK . 137.
... to enforce the performance of a contract complete in itself can never be pleaded ir bar to a suit upon the contract . Exceptions overruled . CALEB W. LORING , trustee , vs. SALISBURY MILLS . RODOCANACHI v . BUTTRICK . 137.
Page 138
... trustee , appointed by deed , cannot maintain an action at law for an injury to the trust property before he became trustee , whereby the legal title passed to a third person ; but the court may allow him to amend by changing the action ...
... trustee , appointed by deed , cannot maintain an action at law for an injury to the trust property before he became trustee , whereby the legal title passed to a third person ; but the court may allow him to amend by changing the action ...
Other editions - View all
Common terms and phrases
absent action alleged exceptions Allen amount appeared assessed assignment attachment bank bankruptcy bill of exceptions bond Boston certificate charge claim Commonwealth Company contended contract corporation count court of equity creditor Cush damages debt debtor declaration decree deed defendant defendant's easement ENDICOTT entitled Ephraim Foster equity evidence tending Exceptions overruled execution executor fact fendant filed fraud Gray held highway Hinckley husband injury instructed the jury Jamaica Pond judge judgment July 18 K. P. Gleason land taken lease liable London Assurance Co March 29 Mass ment mortgage Mountford officer owner paid parties payment person petitioners plaintiff premises promissory note purchase question rail Railroad real estate received recover rent replevin returned a verdict Rogers rule Salisbury Mills statute Suffolk Superior Court sureties Taunton tending to show testator testified thereof tiff tion tort town track trial trust writ
Popular passages
Page 457 - Thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part...
Page 238 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 176 - In such cases, proof of good reputation for peace and quietude on the part of the defendant is proper evidence to be considered by the jury in connection with all the other evidence. In...
Page 348 - Annexed to the declaration was an account of goods sold to Moore. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on an agreed statement of facts in substance as follows: The...
Page 463 - The high contracting parties engage to consider the result of the proceedings of the tribunal of arbitration and of the board of assessors, should such board be appointed, as a full, perfect, and final settlement of all the claims hereinbefore referred to; and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the tribunal or board shall, from and after the conclusion of the proceedings of the tribunal or board...
Page 188 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been...
Page 303 - No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner.
Page 38 - Exceptea cases. tion shall not extend to any person whose husband or wife shall have been continually remaining beyond sea, or shall have voluntarily withdrawn from the other and remained absent for the space of five years together, the party marrying again not knowing the other to be living within that time...
Page 633 - ... or use camphene, spirit gas, or any burning fluid or chemical oils, without written permission in this policy, — then and in every such case, this policy shall be void.
Page 287 - J., who allowed a bill of exceptions in substance as follows : The defendant...