Case law

Carvalho v. City of Cambridge

59 Mass. App. Dec. 46 · Massachusetts District Court, Appellate Division · Oct 25, 1976

Pequod Realty Corp. v. Jeffries, 314 Mass. 713 (1943); Richardson v. Lee Realty Corp., 364 Mass. 632 (1974). … Votour v. Medford, 335 Mass. 403, 406 (1957).

George M. Zolotas & Bros. v. Santos

1987 Mass. App. Div. 22 · Massachusetts District Court, Appellate Division · Feb 19, 1987

The inspectors also testified that “a proper method for repairing broken and splintered roof sheathing boards consists of nailing 3/4” plywood onto a damaged roof board in such a manner that it spans the distance between … Winery v. Supreme Wine Co., 393 Mass. 666, 682 (1985); Dodge v.

Farineau v. Easley

2007 Mass. App. Div. 128 · Massachusetts District Court, Appellate Division · Aug 20, 2007

Farineau (“Farineaus”) commenced this action against Mary Rose Easley (“Easley”) for her alleged failure to have filed with the local board of health a copy of the Title V report of the inspection of her property’s subsurface … In affidavits filed in opposition to Easley’s summary judgment motion, both Farineaus asserted that Leach was obligated to file the 1997 inspection report with the Lancaster Board of Health, not the Nashoba Valley Board of

Diaz v. LaPointe

1997 Mass. App. Div. 67 · Massachusetts District Court, Appellate Division · May 29, 1997

Leone v. Falco, 292 Mass. 299, 300 (1935). Thus the “statute is indifferent to any question of negligence.” Brown v. Bolduc, 29 Mass. App. Ct. 909, 910 (1990). … The circumstances in this case are instead similar to those in Brown v.

Jacques v. Gould

1 Mass. App. Div. 75 · Massachusetts District Court, Appellate Division · Feb 21, 1936

Holton v. Denaro, 278 Mass. 261, at 262 ; Hill v. Creditors National Clearing House Inc., Mass Adv. Sh. (1935) 463, at 467; Crowley v. Freeman, Mass Adv. Sh. (1935) 1409, at 1410. See also, Mercier v. … Munroe v. Locke, 1 Metc. 459 , at 463; Badger v. Holmes, 6 Gray 118 ; Peck v. Carpenter, 7 Gray 283 ; Kirchgasser v. Rodick, 170 Mass. 543, at 544, 545 ; Carroll v. Carroll, 188 Mass. 558, at 559 ; Mosely v.

J. P. Donahoe Construction Co. v. Weiner

36 Mass. App. Dec. 80 · Massachusetts District Court, Appellate Division · Jul 1, 1966

Brown v. General Trading Co., 310 Mass. 263, 266 . See also Lamson & Co., (Inc.) v. Abrams, 305 Mass. 238, 240-245 . MacFarlane v. Thompson, 241 Mass. 486, 488 . Francis X. … Brown v. General Trading Co., 310 Mass. 263, 266 . As we perceive no prejudicial error of law an order should be entered in each case dismissing the report.

Salloway v. Wood

1994 Mass. App. Div. 219 · Massachusetts District Court, Appellate Division · Nov 23, 1994

Mantoni v. Board of Appeals of Harwich, 34 Mass. App. Ct. 273, 274-275 (1993). … Larson v. Larson, 30 Mass. App. Ct. 418, 427 (1991). See also, Brown v. Quinn, 406 Mass. 641, 646 (1990).

Tanneyhill v. Lufkin

5 Mass. App. Dec. 106 · Massachusetts District Court, Appellate Division · Apr 22, 1953

Ry., v. Plum Island Beach Co., 255 Mass. 104 . … Lufkin, 90 Nichols Street, for a mongrel black and brown dog, named Prince. 7. The father of the plaintiff had talked v.'ith Mrs.

Knobel-Aronova v. Knobel

1987 Mass. App. Div. 75 · Massachusetts District Court, Appellate Division · Apr 24, 1987

Brown v. … In Comm. v.

McCarthy v. City of Salem

4 Mass. App. Div. 116 · Massachusetts District Court, Appellate Division · Feb 24, 1939

Hooker v. McLennan, 236 *121 Mass. 117 at 120 . … Day v. Vayo, 157 Mass. 472 at 474. Alpert v. Radner, 1936 A. S. 65 at 67. We must conclude that the trial court erred in its rulings and findings..

Leonard v. Taylor

6 Mass. App. Div. 153 · Massachusetts District Court, Appellate Division · Feb 11, 1941

At least since the decision in Boyle v. … Bogart v. Brown, 5 Pick. 18 ; Bemis v. Clarke, 1 Met. 440 . The rule requiring a notice to produce is essentially designed to secure fair play to the notified party. *155 No particular form of notice is required.

Hayes v. Zaleznik

2001 Mass. App. Div. 107 · Massachusetts District Court, Appellate Division · May 31, 2001

was not obligated to reimburse the Board if he recovered fees. 1. … See Baker v. Coxe, 940 F. Supp. 409, 417 (D.

Goodman Finance Co. v. Devine

2 Mass. App. Dec. 125 · Massachusetts District Court, Appellate Division · Apr 7, 1942

Koltin v. Brown, 233 Mass. 16 . The case of Spofford v. … Koltin v. Brown, supra, at page 18; Shawmut Commercial Paper Co. v. Brigham, 211 Mass. 72 . This opinion is decisive of and applicable to all three actions. Order is: Report dismissed.

City of Boston v. DeMerritt

4 Mass. App. Dec. 107 · Massachusetts District Court, Appellate Division · Dec 17, 1952

Brown v. Webber, 6 Cush. 560 , and he points to an apparent limitation imposed by the provisions of G. L., c. 223, § 2. This section deals with the venue of transitory actions brought in district courts. … In Sandler v.

Fontaine Bros. v. City of Holyoke

39 Mass. App. Dec. 23 · Massachusetts District Court, Appellate Division · Nov 3, 1967

Morse v. Boston, 253 Mass. 247, 252-253 . The court in Richard D. Kimball Co. v. … Demateo Construction Co. v. Com., 338 Mass. 568, 582 . Safford v. Lowell, 255 Mass. 220, 225 .

Rose v. Curtis

6 Mass. App. Div. 359 · Massachusetts District Court, Appellate Division · Jul 8, 1941

of the defendant, at which the individual member of the Board approved the amount of $75.00 for the services of the plaintiff. … Frati v. Jannini, 226 Mass. 430 , G. E. Lathrop Theatres Co. v. Edison Electric Illuminating Co., etc., 290 Mass. 189 . Although it is not so stated in the report, we assume that there was a finding for the defendant.

Doyle v. McGrann

11 Mass. App. Dec. 104 · Massachusetts District Court, Appellate Division · Dec 22, 1955

Hacker v. Nitschke, 310 Mass. 754 at 756 . We cannot agree with the plaintiff’s contention. … Bolieau v. Traiser, 253 Mass. 349 -350; Davenport v. Squibb, 320 Mass. 629 -632. David J. Saliba, for the plaintiff. Francis P. Barrett, for the defendant.

Yale University v. Weissman

1 Mass. App. Div. 505 · Massachusetts District Court, Appellate Division · Jul 7, 1936

Brown v. Hannagan, 210 Mass. 246 . We are of opinion that the judge was right in his disposition of the first request. He properly determined the legal effect of Brown v. Hannagan, 210 Mass. 246 , supra. … He did not and the judgment was obtained and it would appear to be conclusive between the parties and not to be avoided by “plea and proof”, Brigham v. Burnham, 12 Allen 97 , Pearne v.

Preferred Finance Service, Inc. v. Bean

27 Mass. App. Dec. 58 · Massachusetts District Court, Appellate Division · Mar 14, 1963

This point has been recently determined by this court adversely to the defendants, Abbott Motors, Inc. v. Brown, 14 LEGALITE 293 We find no error. The report is to be dismissed.

National Housing v. West

2001 Mass. App. Div. 188 · Massachusetts District Court, Appellate Division · Aug 27, 2001

As the tenant had vacated the premises by the date of oral argument on this appeal, the question of the stay has become moot Brown v. Jayne, 418 Mass. 1002 (1994); Longfellow Glen Associates v. … Brown, 1999 Mass. 290 , 291 and cases cited.