Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volumen38H.O. Houghton and Company, 1866 |
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Página 4
... amount due thereon was less than $ 2000 . It was a part of the agreement between the plaintiff and defendant and Lee Claflin , that the Farnum mortgage should be relieved from the claim of the Mendon bank , by the payment of the note ...
... amount due thereon was less than $ 2000 . It was a part of the agreement between the plaintiff and defendant and Lee Claflin , that the Farnum mortgage should be relieved from the claim of the Mendon bank , by the payment of the note ...
Página 8
... amount due " to the bank , and the whole being paid the note was taken up and delivered to Godfrey , and the assignment to the bank cancelled . The inortgage having , as the parties sup- posed , revested in Godfrey , he made an ...
... amount due " to the bank , and the whole being paid the note was taken up and delivered to Godfrey , and the assignment to the bank cancelled . The inortgage having , as the parties sup- posed , revested in Godfrey , he made an ...
Página 9
... amount due to the bank . The manner in which it was done is then explained , and it is argued that it does not show a payment to Godfrey , but to the bank . It seems to us , that inasmuch as Godfrey was the person liable to the bank ...
... amount due to the bank . The manner in which it was done is then explained , and it is argued that it does not show a payment to Godfrey , but to the bank . It seems to us , that inasmuch as Godfrey was the person liable to the bank ...
Página 12
... amount paid to the bank should be thrown upon him , rather than divided be- tween the parties . But a majority of the Court is of opinion that such was not the legal effect of this transaction . All the parties acted under a total ...
... amount paid to the bank should be thrown upon him , rather than divided be- tween the parties . But a majority of the Court is of opinion that such was not the legal effect of this transaction . All the parties acted under a total ...
Página 14
... amount paid may be re- covered back . And the application of the principle does not at all depend upon the question , whether the failure arose from ignorance of law or of fact . This was not It was a part In relation to the payment to ...
... amount paid may be re- covered back . And the application of the principle does not at all depend upon the question , whether the failure arose from ignorance of law or of fact . This was not It was a part In relation to the payment to ...
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Términos y frases comunes
action alleged amount appear assignment assumpsit attachment authority bank bill breach charged cited Claflins claim common law Common Pleas condition contended contract conveyed corporation Court creditors damages David Shepard debt declaration deed defendant defendant's delivered the opinion demand discharged entitled equity et ux evidence execution facts furnish Godfrey grant held Hovey indictment indorsed insured intent interest intestate judgment jury land liable loss Mass meetinghouse Mendon ment Mill Dam Foundery mortgage nonsuit notice objection offence officer owner paid parish Parkhurst parties payable payment person Pick Pilgrim Society plaintiff pleaded possession promissory note proved provisions purpose question reasonable recover remedy repairs Revised Stat rule scire facias seisin SHAW C. J. delivered statute statute of limitations Stearns suit surety tenant term testator testified tion town trespass trial trover trustee verdict versus vessel vote warrant witness wood writ
Pasajes populares
Página 156 - Every subject has a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation...
Página 595 - new grant.' since it is an undisputed principle, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversaries.
Página 510 - That whoever commits adultery shall be punished by imprisonment in the penitentiary not exceeding three years; and when the act is committed between a married woman and a man who is unmarried, both parties to such act shall be deemed guilty of adultery: and when such act is committed between a married man and a woman who is unmarried, the man.
Página 487 - Bank ;' and the defendant contends, that the action should have been brought in the name of the person who was then cashier, and will not lie in the name of the corporation.
Página 107 - ... but the repeal of existing laws or modifications thereof embraced in this act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before...
Página 209 - ... shall not affect any act done, or any right accruing or accrued or established, or any suit or proceeding had or commenced in any civil case, before the time when such repeal shall take effect.
Página 475 - It is also agreed that the insured shall not have the right to abandon the vessel for the amount of damage merely, unless the amount which the insurers would be liable to pay, under an adjustment, as of a partial loss, shall exceed half the amount insured.
Página 163 - ... lease or indenture heretofore made agreeably to law. And the lands and tenements of said proprietors, shall not be liable to be taken in execution for debt. And if any of said proprietors shall be committed in execution for debt, he she or they shall have the same benefit, from an Act intitled, "An Act for the relief of poor prisoners who are committed by execution for debt...
Página 481 - ... in like manner as it is allowed by the custom of merchants on foreign bills of exchange, payable at the expiration of a certain period after date or sight.
Página 65 - In considering the various statutes regulating the assessment of taxes, and the measures preliminary thereto, it is not always easy to distinguish which are conditions precedent to the legality and validity of the tax, and which are directory merely, and do not constitute conditions. One rule is very plain and well settled — that all those measures...