Case law

Cusick v. Carver

2005 Mass. App. Div. 45 · Massachusetts District Court, Appellate Division · Apr 8, 2005

Brown v. Quinn, 406 Mass. 641, 643-644 (1990), citing Schulte v. Director of Div. of Employment Security, 369 Mass. 74, 79 (1975); Samia v. D’Annunzio, 2001 Mass. App. Div. 31, 32 . … But see Brown v. Quinn, supra at 644 ; Godfrey v. Woburn Foreign Motors, 2001 Mass. App. Div. 81, 84 .

Hartunian v. Arbella Mutual Insurance

2013 Mass. App. Div. 83 · Massachusetts District Court, Appellate Division · Apr 17, 2013

As an unpaid party, Byron V. Hartunian, M.D., P.C. … See Brown v. F.L. Roberts & Co., 452 Mass. 674, 678 (2008). 3 Judgment affirmed. So ordered.

Phelan v. Nickerson

1 Mass. App. Div. 80 · Massachusetts District Court, Appellate Division · Feb 24, 1936

Lefeave v. Ascher, Mass. Adv. Shts. (1935) 2361. Cini v. Romeo, Mass. Adv. Shts. (1935) 1190. Jones v. Melvin, Mass. Adv. Shts. (1936) 21, 23 and cases there cited. McKenna v. … LeFeave v. Ascher, Mass. Adv. Shts. (1935) 2361. Cini v. Romeo, Mass. Adv. Shts. (1935) 1197. McKenna v.

Berk v. Massachusetts Bay Transportation Authority

57 Mass. App. Dec. 133 · Massachusetts District Court, Appellate Division · Mar 1, 1976

There is no evidence in the report that the youths boarded the bus in a boisterous *136 manner or gave any indication of intended mischief. Glennen v. Boston Elevated Railway, 207 Mass. 497 (1911). … Brodeur v. Seymour, 315 Mass. 527 (1944). Liberatore v. Framingham, 315 Mass. 538 (1944). There is an excellent review of the authorities in this area the recent case of DiGesse v.

Tabor School Camp, Inc. v. Norfolk Hunt Club

30 Mass. App. Dec. 129 · Massachusetts District Court, Appellate Division · Jul 1, 1964

Moss v. Old Colony Tr. Co., 246 Mass. 139 . The defendant in his brief cites Rourke v. Cadillac Automobile Co., 268 Mass. 1 . … Hall v. Boston and Worcester RR., 14 Allen 439 ; Doyle v. Pearless Motor Co., 226 Mass. *138 561 and cases cited. Good faith is of no consequence. See Doyle v. Pearless, cited supra. William A.

Verizon Yellow Pages Co. v. Fodera

2008 Mass. App. Div. 263 · Massachusetts District Court, Appellate Division · Nov 26, 2008

Brown v. Paull, 2006 Mass. App. Div. 43 . Here, Verizon sought to obtain service on Fodera by having the complaint and summons left at 21 Medford Street, Malden, the address it believed was his residence. … Bonadio v. Iebba, 2007 Mass. App. Div. 19, 20 .

O'Shea v. City of Holyoke

38 Mass. App. Dec. 101 · Massachusetts District Court, Appellate Division · Aug 14, 1967

At a meeting of the Board of Aldermen on August 16,1966, the Order was taken from the table and passed over the veto of the Mayor on a roll-call vote, 15-0. … Lafleur v. Chicopee, 352 Mass. 746 .

Cohen v. Bilansky

1 Mass. App. Div. 393 · Massachusetts District Court, Appellate Division · Jun 15, 1936

Browne, Statute of Frauds, §515. 22 American Law Reports, annotated, 723, and cases cited by these authorities. … Webster v. Condon, 248 Mass. 269, 270 . McDonald v. Fitch, 281 Mass. 528 . Livingstone v. Murphy, 187 Mass. 315 .

Samaluk v. DeMartis

2000 Mass. App. Div. 46 · Massachusetts District Court, Appellate Division · Feb 9, 2000

Foley v. Matulewicz, 17 Mass. App. Ct. 1004, 1005 (1984); Wright v. Sabatino, 1995 Mass. App. Div. 48 . … Beal v. Board of Selectmen of Hingham, 421 Mass. 535, 539 (1995) [citations omitted]. However, this basic principle has been modified by the SJC’s holding in Kourouvacilis v.

Metcalfe v. Town of Franklin

9 Mass. App. Div. 37 · Massachusetts District Court, Appellate Division · Dec 21, 1943

Wylie v. Marinofshy, 201 Mass. 583, 584 . Starratt v. Mullen, 148 Mass. 570 . Phipps *39 v. Mahon, 141 Mass. 471 . … Daddario v. Pittsfield, 301 Mass. 552, 558 . Cox v. Segee, 206 Mass. 380, 382 . Wood v. Concord, 268 Mass. 185,190-191 .

Ryan v. Local No. 537

9 Mass. App. Dec. 69 · Massachusetts District Court, Appellate Division · Jul 1, 1955

Spear v. H. V. Greene Co., 246 Mass. 259, 266-267, Pickett v. Walsh, 192 Mass. 572, 590 . Donahue v. Kenney, 327 Mass. 409 . Such a proceeding is without precedent in an action at law. Rogers v. … Boston Club, 205 Mass. 261, 266; Hale v. Allison, 102 Fed. Rep. 270; Maguire v. Reough, 238 Mass. 98, 100 ; Moustakis v. Hellenic Orthodox Church, 261 Mass. 462.

Marquis v. Messier

2 Mass. App. Div. 432 · Massachusetts District Court, Appellate Division · Jul 27, 1937

Wasser v. Congregation Agudath Sholom, 262 Mass. 235 ; Manley’s case, 280 Mass. 331, at 334, 335 ; Wynn v. Board of Assessors, 281 Mass. 245, at 249 . … It does not govern the rights of parties respecting causes of action until it has taken effect.” *441 See also, Cook v. Crowell, 273 Mass. 356, at 358 , Leonard v. Conquest, 274 Mass. 347, at 351 , Brown v.

Commonwealth of Massachusetts Division of Employment Security v. Bartels

12 Mass. App. Div. 193 · Massachusetts District Court, Appellate Division · Sep 24, 1947

Incidentally, Section 42 has been so amended by c. 534 of the Acts of 1943, as to constitute an entirely new section which provides a decision by the Board of Review, a review by a district court and an appeal to the Supreme … Brown v. Learmouth, 228 Mass. 417, at 419 . Posell v. Hers *201 covitz, 237 Mass. 513, at 516, 517 . New York Central Railroad, 240 Mass. 200, at 208 , 209: Roy v. Parker, 243 Mass. 292, at 295 . McKin v.

Elkins v. Kokocinski

2000 Mass. App. Div. 103 · Massachusetts District Court, Appellate Division · Apr 18, 2000

Defendant cites this Court to Brown v. Greenlow which, on first blush, appears to support her contention. 330 Mass. 88 (1953). In a dictum, the Supreme Judicial Court quoted the ancient case of Knapp v. … Plaintiff distinguishes Brown v. Greenlow and a more recent case cited by defendant, Spiliotis v. Campbell [ 13 Mass. App.

Ledgemere Country Condominium Ass'n v. Steckloff

1991 Mass. App. Div. 25 · Massachusetts District Court, Appellate Division · Feb 7, 1991

It is uncontroverted that the parties’ dispute arose from the defendant’s rental of his condominium unit without the prior approval or consent of the Association’s Board of Governors. … Norton v. West, 8 Mass. App. Ct. 348, 350 (1979).

Cyr v. Pignat

22 Mass. App. Dec. 157 · Massachusetts District Court, Appellate Division · Nov 7, 1961

Browne v. Moran, 300 Mass. 107, 112 . Moreover, it. is only in rare cases that it can be ruled as-matter of law that the party having the burden of proof has sustained the burden. Coleman v. … Fallovallita v. Johnsyn, 317. Mass. 153; Shockett v. Akeson, 310 Mass. 289 ; Morton v. Dobson, 298 Mass. 425 . Sidney M. Blumenthal of Boston, for the Plaintiff.

Murphy v. Fermano

2002 Mass. App. Div. 220 · Massachusetts District Court, Appellate Division · Dec 27, 2002

See also Spaulding v. Young, 32 Mass. App. … Authority v. Hemingway, 363 Mass. 184 , 200 n.16 (1973).

Household Finance Corp. v. Vogel

44 Mass. App. Dec. 177 · Massachusetts District Court, Appellate Division · Jul 2, 1970

Sk inner v. Kapples, 320 Mass. 269 ; Com. v. Security Acceptance Corp., 350 Mass. 159 . In each instance, the defendants were given rebates on the interest on the prior notes. … The loan *180 in question does not violate any law of the Commonwealth or the regulations promulgated by the Small Loans Regulatory Board under the authority of the Commissioner of Banks and the interest assessed upon the

Mulcahy v. Salerno

2010 Mass. App. Div. 225 · Massachusetts District Court, Appellate Division · Nov 10, 2010

The parties subsequently agreed to submit the dispute to arbitration before the Worcester County Fee Arbitration Board. … Champlin v. Jackson, 313 Mass. 487, 489 (1943). To sustain his burden, the defendant must prove the accord, a compromise or settlement of a disputed claim, and satisfaction or performance of the accord. Sherman v.

Gottlieb v. Bell

1984 Mass. App. Div. 268 · Massachusetts District Court, Appellate Division · Dec 20, 1984

Jermyn v. Worcester Bus Company, 58 Mass. App. Dec. 45 (1976); Freedman Co. v. North Penn Transfer, Inc., 388 Mass. 551 at 553, note 3 (1983). … Webber v. Johnson, 342 Mass. 455, 457 (1961); Gilman v. Brown, 45 Mass. App. Dec. 184 (1970). Report Dismissed. The Appellate Division in some instances is allowed to consider the Findings as evidence. Olofson v.