Case law

Town of East Longmeadow v. Maryland Casualty Co.

348 Mass. 722 · Massachusetts Supreme Judicial Court · Apr 2, 1965

(National) with the town acting by its board of assessors. The case was heard by a judge without jury on an auditor’s report and several other exhibits, all incorporated in the record before us. … See Veneto v. McCloskey & Co. 333 Mass. 95, 104 (surety released pro tanto by overpayment to contractor). We hold that it did not.

Ellis v. Small

209 Mass. 147 · Massachusetts Supreme Judicial Court · May 19, 1911

Stock to the amount of $20,000 was issued to Brewer and Macauley and they with Small and Levett, who had one share, were elected and constituted the board of directors. … Gannett v. Albree, 103 Mass. 372 . Squire v. Learned, 196 Mass. 134, 136. Thompson v. Guyon, 5 Sim. 65. Gregory v. Wilson, 9 Hare, 683. Lewis v. Bond, 18 Beav. 85. Hurlbut v. Kantzler, 112 Ill. 482 .

Knapp v. Knapp

134 Mass. 353 · Massachusetts Supreme Judicial Court · Mar 2, 1883

Heapy v. Parris, 6 T. R. 368. Bragner v. Langmead, 7 T. R. 20. Earl v. Brown, 1 Wils. 302. Hildreth v. Thompson, 16 Mass. 191 . Jeffreson v. Morton, 2 Wms. Saund. 12, n. Wright v. Madocks, 8 Q. B. 119. Com, Dig. … Morton v. Morton, 4 Cush. 518 . In Slade v.

Stratos v. Department of Public Welfare

387 Mass. 312 · Massachusetts Supreme Judicial Court · Aug 31, 1982

See Patsy v. Board of Regents, 457 U.S. 496, 500-515 (1982) (no requirement of exhaustion of State administrative remedies); McNeese v. Board of Educ. for Community Unit School Dist. … Compare Copeland v. Marshall, supra at 891-894 , and Fur-tado v. Bishop, supra at 920 , with Northcross v. Board of Educ. of Memphis City Schools, supra at 643.

Clarke v. Rathbone

221 Mass. 574 · Massachusetts Supreme Judicial Court · Sep 16, 1915

Metcalf v. Framingham Parish, 128 Mass. 370 . King v. Viscoloid Co. 219 Mass. 420 . … See Brown v. Wright, 168 Mass. 506 . The result is that the plaintiffs should be instructed to distribute the principal of the trust fund among the ten defendants, Mary B. Rathbone, Katherine H. Muller, Katherine B.

Luk v. Commonwealth

421 Mass. 415 · Massachusetts Supreme Judicial Court · Nov 27, 1995

Board of Registration in Medicine, 387 Mass. 339, 341-342 (1982); Arthurs v. Board of Registration in Medicine, 383 Mass. 299, 316-317 (1981). See also People v. … See Mackey v. Montrym, 443 U.S. 1 , 10 n.7 (1979); Registrar of Motor *429 Vehicles v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 382 Mass. 580, 589 (1981).

Opinion of the Justices to the Senate

322 Mass. 755 · Massachusetts Supreme Judicial Court · Apr 16, 1948

O’Keeffe v. Somerville, 190 Mass. 110, 114 . Wyeth v. Cambridge Board of Health, 200 Mass. 474, 478 . Holcombe v. Creamer, 231 Mass. 99, 108-109 . Opinion of the Justices, 247 Mass. 589, 593 . McMurdo v. … Commonwealth v. Strauss, 191 Mass. 545, 550-551 . Wyeth v. Cambridge Board of Health, 200 Mass. 474, 478 . Commonwealth v. Libbey, 216 Mass. 356, 358 .

Bachelder v. Wakefield

8 Mass. 243 · Massachusetts Supreme Judicial Court · Oct 15, 1851

Springfield v. Miller, 12 Mass. 417 ; Thomas v. Marshfield, 10 Pick. 367 . … But if the deed to this board of trustees was sufficient to pass any title to this land, it would avail nothing in this case, as the act of the legislature establishing this board of trustees had been repealed and the board

Lunt v. City of Newburyport

224 Mass. 48 · Massachusetts Supreme Judicial Court · May 16, 1916

Smith v. Claussen Park Drainage & Levee District, 229 Ill. 155 . Conaway v. Ascherman, 94 Ind. 187 . … In that case the description held to be valid was: “the right ... to fill said lands to grade two hundred and fifty-one (251) above the datum known as the Boston Water Board Datum, with material excavated from other lands

Boston Elevated Railway Co. v. Commonwealth

199 Mass. 96 · Massachusetts Supreme Judicial Court · May 21, 1908

Brown v. Winnisimmet Co. 11 Allen, 326 , 333. But the authority to exact an excise rests with the Legislature, by whom alone the expediency of such taxation is to be determined. Const. Mass. c. 1, art. 4. … Commonwealth v. People's Five Cents Savings Bank, 5 Allen, 428 , 431. Oliver v. Washington Mills, 11 Allen, 268 , 274, 275.

Fidelity & Deposit Co. of Maryland v. City of Taunton

303 Mass. 176 · Massachusetts Supreme Judicial Court · May 23, 1939

Adrian v. Whitney Central National Bank, 180 Mich. 171 . Grosfield v. First National Bank of Miles City, 73 Mont. 219 . Copper v. Mayor & Common Council of Jersey City, 15 Vroom, 634 . Montvale v. … Ed.) c. 44, particularly § 16; Agawam National Bank v. South Hadley, 128 Mass. 503, 506 ; Franklin Savings Bank v. Framingham, 212 Mass. 92, 95 ; Brown v. Newburyport, 209 Mass. 259 .

Cushing v. Inhabitants of Bedford

125 Mass. 526 · Massachusetts Supreme Judicial Court · Oct 17, 1878

These provisions make the selectmen a board of public officers charged with this duty; they are not agents of the town, but they represent the general public. … Young v. Yarmouth, 9 Gray, 386 .

Niles v. Hancock

44 Mass. 568 · Massachusetts Supreme Judicial Court · Mar 15, 1842

Putnam v. Longley, 11 Pick. 489 . Slasson v. Brown, 20 Pick. 436 . … Putnam v. Longley, and Slasson v. Brown, were both cases where the defect in the notice to the creditqr appeared on the face of the returns, and was therefore allowed to avail him.

Hilliker v. City of Springfield

349 Mass. 353 · Massachusetts Supreme Judicial Court · Jun 11, 1965

Hayes v. Brockton, 313 Mass. 641 . O’Brien v. Pittsfield, 316 Mass. 283 . Watt v. Chelmsford, 323 Mass. 697 , and cases cited. … Ha yes v. Brockton, supra, at 649-650 . Young v. Worcester, 333 Mass. 724, 726 . See Illig v. Plymouth, 337 Mass. 239, 241 .

Attorney General v. J. P. Cox Advertising Agency, Inc.

298 Mass. 383 · Massachusetts Supreme Judicial Court · Sep 20, 1937

Inc. v. … Doane v. Phillips, 12 Pick. 223 , 226. King v. Viscoloid Co. 219 Mass. 420, 425 . Thacher v. Secretary of the Common *388 wealth, 250 Mass. 188, 190-191 . Arruda v. Director General of Railroads, 251 Mass. 255, 263 .

Gorman v. Massachusetts Bay Transportation Authority

350 Mass. 760 · Massachusetts Supreme Judicial Court · Dec 29, 1965

The plaintiff’s status was that of a passenger, Gordon v. West End St. … O’Loughlin v. Bay State St. Ry. 221 Mass. 65, 66 . See Tsacoyeanes v. Canadian Pac. Ry. 339 Mass. 726, 728 . Exceptions sustained.

Parker v. Boston & Hingham Steamboat Co.

109 Mass. 449 · Massachusetts Supreme Judicial Court · Mar 15, 1872

Commonwealth v. Dorsey, 103 Mass. 412 . We think the case at bar falls within this class of cases. … The negligence charged was that the defendants did not properly secure and tend the gangway plank by which passengers went on board the boat.

Coates v. Lunt

210 Mass. 314 · Massachusetts Supreme Judicial Court · Nov 29, 1911

Although the instrument is signed by only one of the daughters, and it may be assumed that a strictly legal execution of the power would have required the signature of both as the trustees, (Morville v. … Brown v. Cowell, 116 Mass. 461 . The allegations of the bill are within this principle. The statute of frauds is not applicable to the case of an executed contract.

Gallo v. Division of Water Pollution Control

374 Mass. 278 · Massachusetts Supreme Judicial Court · Jan 25, 1978

See California Village Corp. v. East Longmeadow, 4 Mass. App. Ct. 128, 129-130 (1976); Zambernardi v. Selectmen of Wilmington, 2 Mass. App. Ct. 873 (1974). See also East Chop Tennis Club v. … East Chop Tennis Club v. Massachusetts Comm’n Against Discrimination, supra at 446-448. Gordon v. Hardware Mut. Cas. Co., 361 Mass. 582, 584-586, 587 (1972). Saint Luke’s Hosp. v.

Lynch v. City of Springfield

174 Mass. 430 · Massachusetts Supreme Judicial Court · Oct 20, 1899

which were asked for by the defendant: “ The defendant city cannot be held to be engaged in a commercial enterprise because of the maintenance of a public water supply solely for domestic and fire purposes, managed by a board … Hill v. Boston, 122 Mass. 344, 359 . Hand v. Brookline, 126 Mass. 324 . Tindley v. Salem, 137 Mass. 171, 172 . Powers v. Fall River, 168 Mass. 60 . Exceptions overruled.