Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 17H.O. Houghton and Company, 1864 - Law reports, digests, etc |
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Results 1-5 of 100
Page 9
... cause de- livered his opinion to the jury , it seems not to have been left to them to consider whether these acts amounted to an adoption of the notes . For they were instructed to find for the defendants , unless they believed that the ...
... cause de- livered his opinion to the jury , it seems not to have been left to them to consider whether these acts amounted to an adoption of the notes . For they were instructed to find for the defendants , unless they believed that the ...
Page 13
... cause of the injury was even the felony of a third person ; provided the negli- gence of the defendant gave the felon an opportunity to commit the injury . Upon this principle , innkeepers , common carriers , bailees , & c . , are ...
... cause of the injury was even the felony of a third person ; provided the negli- gence of the defendant gave the felon an opportunity to commit the injury . Upon this principle , innkeepers , common carriers , bailees , & c . , are ...
Page 17
... cause of action ; because the alleged carelessness of the cashier was no direct injury to the plaintiffs . The cause of the injury was not the manner of keeping the bills , or the not keeping a register , but the felony of others . The ...
... cause of action ; because the alleged carelessness of the cashier was no direct injury to the plaintiffs . The cause of the injury was not the manner of keeping the bills , or the not keeping a register , but the felony of others . The ...
Page 21
... cause on this point . But a point more insisted on is , that the conduct , declarations , and doings of the officers of the bank were such as to render the corporation liable upon these notes , whether originally theirs or not . The ...
... cause on this point . But a point more insisted on is , that the conduct , declarations , and doings of the officers of the bank were such as to render the corporation liable upon these notes , whether originally theirs or not . The ...
Page 22
... cause of their refusal to pay , they might have been answerable on the ground of fraud , or perhaps of adoption . But they were as ignorant as the plaintiffs were , and hesitated with a view to obtain knowledge . This cannot be ...
... cause of their refusal to pay , they might have been answerable on the ground of fraud , or perhaps of adoption . But they were as ignorant as the plaintiffs were , and hesitated with a view to obtain knowledge . This cannot be ...
Contents
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Common terms and phrases
action admitted afterwards agent agreement alleged amount appear assignment assumpsit attachment authority bail bailment bill bond cashier cause cited claim common law Commonwealth consideration considered contended contract conveyance conviction corporation count Court court of equity covenant creditors damages debt debtor declaration deed defendant defendant's delivered the opinion demand deposits discharge dollars endorser entitled equity estoppel execution Executors facts fraud GEORGE THATCHER given Gloucester bank heirs held Holt Inhabitants insolvent intended intestate ISAAC PARKER judgment jurisdiction jury land LANFEAR Larned liable Lord Ellenborough Mass mortgage mortgagor negligence nonsuit objection paid PARKER parties payment person plaintiff plea pleaded possession principle promise promissory note proved purchaser question reason received recover remedy replevin rule SALEM BANK SAMUEL PUTNAM seisin sheriff statute statute of frauds sufficient suit supposed sureties tenant testator tion trespass trial trust usury verdict versus void witness writ
Popular passages
Page 106 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 107 - 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...
Page 212 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 428 - No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself.
Page 343 - It will be liable to debts ; it will go to executors ; it will pass by a will not made and executed with the solemnities required by the statute of frauds. The assignment of the debt, or forgiving it, will draw the land after it, as a consequence ; nay, it would do it, though the debt were forgiven only by parol, for the right to the land would follow, notwithstanding the statute of frauds.
Page 226 - Justice, in delivering the opinion of the court, remarked " that no principle of law is better settled than that no action will lie upon a contract made in violation of a statute, or of a principle of the common law.
Page 12 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 412 - Blackstone, that if a servant, by his negligence, does any damage to a stranger, the master shall be answerable for his neglect. But the damage must be done while he is actually employed in the master's service ; otherwise, the servant shall answer for his own misbehavior.
Page 36 - The true rule is, that the party receiving such notes must examine them as soon as he has opportunity, and return them immediately. If he does not, he is negligent, and negligence will defeat his right of action. This principle will apply in all cases where forged notes have been received, but certainly with more strength when the party receiving them is the one purporting to be bound to pay. For he knows better than any other whether they are his notes or not; and if he pays them or receives them...
Page 134 - Bing. 284:, 300, declined to follow the rule there laid down, and held that the credit of a witness who has testified orally or by giving his deposition may be impeached by showing that he has made a different statement out of court, either before or after he has given his testimony, and that it is not necessary that the impeached witness be first inquired of as to such different statement, or that he be present when his credit is to be impeached. "We shall take occasion hereafter to advert to an...