Case law

Hills v. Peoples Express, Inc.

240 Mass. 96 · Massachusetts Supreme Judicial Court · Nov 22, 1921

Eaton v. Carey, 10 Pick. 211 . Higginson v. Gray, 6 Met. 212 . The tender to and acceptance by Forrest E. … Brown v. Henry, 172 Mass. 559, 566 . Lovett, Hart & Phipps Co. v. Sullivan, 189 Mass. 535, 536 . Cauman v. American Credit Indemnity Co. of New York, 229 Mass. 278, 283 . Exceptions overruled.

Commissioner of Corporations & Taxation v. Simmon

292 Mass. 507 · Massachusetts Supreme Judicial Court · Nov 26, 1935

This is an appeal by the commissioner of corporations and taxation from a decision of the Board of Tax Appeals abating an income tax. … The issue of law presented by the parties to the Board of Tax Appeals was "whether the accumulations of income received by the trustees over a series of years and paid to” David A.

Nealon v. Henry

131 Mass. 153 · Massachusetts Supreme Judicial Court · Apr 8, 1881

Holbrook v. Burt, 22 Pick. 546 . Bassett v. Brown, 105 Mass. 551 . The plaintiff contends that the defendant did not exercise his election to rescind within a reasonable time.

Graham v. QUINCY FOOD SERV. EMP. ASS'N & HOSP., LIB.

407 Mass. 601 · Massachusetts Supreme Judicial Court · Jun 12, 1990

In Baker v. Board of Educ. of West Irondequoit Cent. School Dist., 70 N.Y.2d 314 (1987), the New York Court of Appeals rejected the DelCostello rule as inapplicable to actions arising under the New York statute. … See Brown v.

White's Case

226 Mass. 517 · Massachusetts Supreme Judicial Court · May 23, 1917

The only question raised by the appeal is whether the finding of the board (that the deceased was “both a laborer and a mechanic” within that statute) was warranted. … In this connection the defendant relies upon Johnson v. Kimball, 170 Mass. 58 .

Linnehan v. Matthews

149 Mass. 29 · Massachusetts Supreme Judicial Court · Mar 2, 1889

Newhall v. Clark, 3 Cush. 376 . Somers v. Thayer, 115 Mass. 163 . Farquhar v. Brown, 132 Mass. 340 . Proctor v. Hartigan, 143 Mass. 462 . … Newhall v. Clark, 3 Cush. 376 . Duffield v. Johnston, 96 N. Y. 369 .

Commonwealth v. Moore

214 Mass. 19 · Massachusetts Supreme Judicial Court · Feb 25, 1913

The same result was reached as to statutes similar in kind in Standard Stock Food Co. v. Wright, 225 U. S. 540 , Patapsco Guano Co. v. North Carolina Board of Agriculture, 171 U. … A statute like the one at bar in its operation was *29 upheld in Borden’s Milk Co. v. Board of Health, 52 Vroom, 218 .

Sheehan's Case

122 Mass. 445 · Massachusetts Supreme Judicial Court · Apr 10, 1877

See also Andrews v. Linton, 2 Ld. Raym. 884, 885; Clark v. Commonwealth, 29 Penn. St. 129. In Cocke v. … Brown v. Lunt, 37 Maine, 423. Petersilea v. Stone, 119 Mass. 465 .

Commonwealth v. Bragg

328 Mass. 327 · Massachusetts Supreme Judicial Court · Jan 31, 1952

Weston v. Sampson, 8 Cush. 347 . Lakeman v. Burnham, 7 Gray, 437 . Proctor v. Wells, 103 Mass. 216 . … Commonwealth v. Hilton, 174 Mass. 29 . Commonwealth v. Howes, 270 Mass. 69 .

Loring v. Gurney

22 Mass. 15 · Massachusetts Supreme Judicial Court · Mar 15, 1827

In Mussen v. … Ev. (5th Amer. ed.) 258; Morgan v. Richards, 1 Browne, (Penn.) 171.

Burridge v. Fogg

62 Mass. 183 · Massachusetts Supreme Judicial Court · Oct 15, 1851

This case we think must be governed by that of Ward v. Fuller, 15 Pick. 185 . … Higbee v. Rice, 5 Mass. 352 ; Washington Bank v. Brown, 2 Met. 293 . Exceptions overruled.

Building Commissioner v. McGrath

312 Mass. 461 · Massachusetts Supreme Judicial Court · Dec 1, 1942

This is a bill in equity to restrain the defendant from violating a zoning ordinance of Medford by maintaining a riding school without a permit from the plaintiff granted upon an application approved by the board of aldermen … Cochran v. Roenier, 287 Mass. 500, 508 . Decree affirmed.

Jaques v. Gould

58 Mass. 384 · Massachusetts Supreme Judicial Court · Oct 15, 1849

Sacheverell v. Froggatt, 2 Saund. 367; Cother v. Merrick, Hard. 89; Sury v. Brown, Latch, 99, 101. This rule of construction is decisive in the present case.

Edwards v. Bruorton

184 Mass. 529 · Massachusetts Supreme Judicial Court · Jan 6, 1904

530 of the premises, under the authority of St. 1891, c. 323, and the St. 1892, c. 418, and other amendatory acts, and the existence of this street constitutes a breach of the covenant in the deed if the statute gave the board … declaring that if a building is erected within the boundaries of any way shown on any of the plans after the filing of the plan in accordance with the statute and not removed at the expense of the owner when required by the board

Woodard v. Woodard

216 Mass. 1 · Massachusetts Supreme Judicial Court · Oct 22, 1913

Hoag v. Hoag, 213 Mass. 50, 53 , and authorities cited. Fulper v. Fulper, 9 Dick. 431. Miner v. Brown, 133 N. Y. 308 . Hunt v. Blackburn, 128 U. S. 464 . 21 Cyc. 1198, note 74. … Atlantic National Bank v. Tavener, 130 Mass. 407 . Frankel v. Frankel, 173 Mass. 214 . Atkins v. Atkins, 195 Mass. 124, 129 . Hewitt v. Hayes, 204 Mass. 586 . Crosby v. Clem, 209 Mass. 193, 195 . Adoue v.

Commonwealth v. Sespedes

442 Mass. 95 · Massachusetts Supreme Judicial Court · Jun 16, 2004

See Commonwealth v. Brown, 401 Mass. 745, 745 (1988), citing Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979). The building at 399 Orange Street, Springfield, is a three-story, six-apartment dwelling. … Commonwealth v. Brown, 401 Mass. 745, 747 (1988). See Commonwealth v. Latimore, 378 Mass. 671, 677-678 (1979).

City of Boston v. Dolan

298 Mass. 346 · Massachusetts Supreme Judicial Court · Sep 18, 1937

The retirement, board is merely an administrative department of the city (§4), and reports to the city. § 20. … Hibbard v. County of Suffolk, 163 Mass. 34 . The Teachers' Retirement Fund, established by St. 1900, c. 237, is held by the city treasurer, subject to the “control” of a board of trustees.

Doane v. Bigelow

293 Mass. 406 · Massachusetts Supreme Judicial Court · Feb 10, 1936

Hewes v. Dehon, 3 Gray, 205 . Johnson v. Goss, 128 Mass. 433, 435 . Morse v. Bassett, 132 Mass. 502, 506 . Brown v. Baron, 162 Mass. 56 . Hayward v. Hayward, 199 Mass. 340 . See also Hays v. … Wiggin v. Swett, 6 Met. 194 . Smith v. Sherman, 4 Cush. 408 , 411, 412. Martin v. Gage, 147 Mass. 204 . Adams v. Adams, 211 Mass. 198, 200 . See also Monroe v. Cooper, 235 Mass. 33, 34 .

Boott Mills v. Boston & Maine Railroad

218 Mass. 582 · Massachusetts Supreme Judicial Court · Oct 22, 1914

L. c. 171, § 2, as amended by St. 1907, c. 375, is a punitive statute seems to be settled by Brown v. … That question arose in Brown v. Thayer, 212 Mass. 392 , where it was held that under such circumstances and by reason of the statutes no joint action could be maintained. No question arose in D’Almeida v.

Perry v. Sapeilo

297 Mass. 242 · Massachusetts Supreme Judicial Court · May 24, 1937

Brophy, 13 Met. 476 , and to allow the amendment of an officer’s return of service, Browning-Drake Corp. v. AmerTran Sales Co. 274 Mass. 545, 548 . … Gallagher v. Wheeler, 292 Mass. 547, 550-551 . Johnson v. Carroll, 272 Mass. 134 .