Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, 45권H.O. Houghton and Company, 1864 |
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70개의 결과 중 1 - 5개
5 페이지
... decided the contrary . The case of Dodge v . Perkins , 9 Pick . 384 , went on the ground of an unjust deten- tion of the money ; otherwise , it is contrary to Haven v . Foster . The cases in chancery , where interest is charged on ...
... decided the contrary . The case of Dodge v . Perkins , 9 Pick . 384 , went on the ground of an unjust deten- tion of the money ; otherwise , it is contrary to Haven v . Foster . The cases in chancery , where interest is charged on ...
7 페이지
... decided in Pennsylvania , those elements are excluded ; although if they had existed in that case , the court would have charged the gar- nishee with interest . Two cases were cited from our own reports ; Prescott v . Parker , 4 Mass ...
... decided in Pennsylvania , those elements are excluded ; although if they had existed in that case , the court would have charged the gar- nishee with interest . Two cases were cited from our own reports ; Prescott v . Parker , 4 Mass ...
9 페이지
... decided that interest was not recoverable . The contract of insurance is , as has often been observed , a contract of indemnity . It is no engagement to pay a given sum , but an amount not exceeding a given sum , on the happening of ...
... decided that interest was not recoverable . The contract of insurance is , as has often been observed , a contract of indemnity . It is no engagement to pay a given sum , but an amount not exceeding a given sum , on the happening of ...
38 페이지
... decided at a former term . Austin , ( Attorney General , ) for the plaintiffs . Greenleaf & Buttrick , for the defendants . WILDE , J. This case comes before us again , on a motion by the Attorney General for a new trial , for sundry ...
... decided at a former term . Austin , ( Attorney General , ) for the plaintiffs . Greenleaf & Buttrick , for the defendants . WILDE , J. This case comes before us again , on a motion by the Attorney General for a new trial , for sundry ...
52 페이지
... decided . The case was clearly one of equal knowledge on the part of the two ser- vants , and of voluntary exposure by the plaintiff to a known hazard not required by his duty ; and both servants were jointly engaged in the same ...
... decided . The case was clearly one of equal knowledge on the part of the two ser- vants , and of voluntary exposure by the plaintiff to a known hazard not required by his duty ; and both servants were jointly engaged in the same ...
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action administrator aforesaid afterwards agreed agreement alleged amount appear assignment ASSUMPSIT attached attorney authority bank bill Boxborough Carter charge choses in action City of Boston claim common law common pleas Commonwealth contract corporation court of common court of equity creditors damages debt debtor decease deed defendant demand devise discharge effect entitled equity evidence execution executors facts Fessenden given heirs held indenture indictment indorsed Inhabitants insolvent intent interest John judge judgment jury labor land letters testamentary liable ment Middlesex mortgage mortgagor nonsuit notice objection opinion owner paid parties partnership paupers payable payment person Pick plaintiff plaintiff in error possession present probate proceedings promissory note prove provision question Rail Road real estate received recover release rule scire facias sentence settlement statute suit tenant term thereof tion town trial trustee unlawful verdict Western Rail Road writ
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56 페이지 - This rule,' he said,' is obviously founded on the great principle of social duty, that every man in the management of his own affairs, whether by himself or by his agents or servants, shall so conduct them as not to injure another; and if he does not, and another thereby sustains damage, he shall answer for it...
131 페이지 - It acknowledges the established principle, that every free man, whether skilled laborer, mechanic, farmer or domestic servant, may work or not work, or work or refuse to work with any company or individual, at his own option, except so far as he is bound by contract. But whatever might be the force of the word "compel...
112 페이지 - The counsel for the defendants contended, and requested the court to instruct the jury, that the indictment did not set forth any agreement to do a criminal act, or to do any lawful act by...
121 페이지 - Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations." The accepted definition of a conspiracy is, a combination of two or more persons by concerted action to accomplish a criminal or unlawful purpose, or to accomplish some purpose not in itself criminal or unlawful by criminal or unlawful means.
129 페이지 - ... club or society, alleges that the defendants, with others unknown, did assemble, conspire, confederate and agree together, not to work for any master or person who should employ any workman not being a member of a certain club, society or combination, called the Boston Journeymen...
127 페이지 - But when an association is formed for purposes actually innocent, and afterwards its powers are abused by those who have the control and management of it to purposes of oppression and injustice, it will be criminal in those who thus misuse it, or give consent thereto, but not in the other members of the association.
354 페이지 - ... two species of criminal homicide, familiarly known as murder and manslaughter. In seeking for the sources of our law upon this subject, it is proper to say, that whilst the statute law of the commonwealth declares (Rev. Sts. c. 125, § 1,) that " Every person who shall commit the crime of murder shall suffer the punishment of death for the same ; " yet it nowhere defines the crimes of murder or manslaughter, with all their minute and carefully-considered distinctions and qualifications.
111 페이지 - ... to the evil example of all others in like case offending and against the peace and dignity of the Commonwealth.
120 페이지 - The general rule of the common law is, that it is a criminal and indictable offence, for two or more to confederate and combine together, by concerted means, to do that which is unlawful or criminal, to the injury of the public, or portions or classes of the community, or even to the rights of an individual. This rule of law may be equally in force as a rule of the common law, in England and in this Commonwealth; and yet it must depend upon the local laws of each country to determine, whether the...
564 페이지 - It is true that the real and personal property, necessary to the establishment and management of the railroad, is vested in the corporation ; but it is in trust for the public.