Case law

Ward v. James

1999 Mass. App. Div. 208 · Massachusetts District Court, Appellate Division · Aug 24, 1999

See King’s Case, 352 Mass. 488, 492 (1967); Lisbon v. Contributory Retirement Appeal Board, 41 Mass. App. … Olofson v. Kilgallon, 362 Mass. 803, 805 (1973). See generally Wardell v. George H. Taylor Co., 333 Mass. 302, 305 (1955); Osborne v. Hemingway Transport, Inc., 28 Mass. App. Ct. 944, 945 (1990); Voci v.

Battistello v. Fuller

10 Mass. App. Dec. 154 · Massachusetts District Court, Appellate Division · Nov 30, 1955

McKenna v. Andreassi, 292 Mass. 213 ; Wainwright v. Jackson, 291 Mass. 100 ; Pannella v. Reilly, 304 Mass. 172 . … Barttro v. Watertown Sq. Theatre Inc., 309 Mass. 223 ; Weiner v. Egleston Amusement Co., 293 Mass. 83 ; Deitrick v. Siegel, 313 Mass. 612 .

Baratz v. Courtney

2 Mass. App. Dec. 19 · Massachusetts District Court, Appellate Division · Dec 13, 1941

Brown v. Alter, 251 Mass. 223 . As there is no error, let the following entry be made— Reports dismissed.

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.

Holmes v. Schofield

30 Mass. App. Dec. 148 · Massachusetts District Court, Appellate Division · Jan 20, 1965

This principle has been recognized as a departure from the general rule, Hacker v. … Gade v. National Creamery Co., 324 Mass. 515 ; Legere v. Asselta, 342 Mass. 178 . The case at bar does not fall within the principle of Ingalls v.

Reo Sales Corp. v. Metropolitan Motor Car Exchange, Inc.

2 Mass. App. Dec. 155 · Massachusetts District Court, Appellate Division · Apr 27, 1942

See Bucholz v. Green Bros. Co., 290 Mass. 350 , and Pizer v. Hunt, 253 Mass. 321 , and cases there cited. The Court warrantably found that the parties had an accounting together. … See McMahon v. Brown, 219 Mass. 23 . Barker Auto Co. v. Bennett, 219 Mass. 304, at 308 . Chace v. Trafford, 116 Mass. 529 .

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.

Foley v. Valentine

42 Mass. App. Dec. 214 · Massachusetts District Court, Appellate Division · Sep 4, 1969

See Hinsk v. Pitaro, 284 Mass. 109 ; Dowd v. Tighe, 209 Mass. 464 ; Clouatre v. Lees, 321 Mass. 679 ; Ruggiero v. Mello, 333 Mass. 295 . … Compare the language in Botelho v.

Sunoco v. Community Newspaper Co.

1999 Mass. App. Div. 126 · Massachusetts District Court, Appellate Division · May 25, 1999

Jones v. Taibbi, 400 Mass. 786, 791 (1987); see also Brown v. Hearst Corp., 54 F.3d 21 (1st Cir. 1995) (“defamation can occur by innuendo as well as by explicit assertion”). … See Brown v. Hearst Corp., 54 F.3d 21, 26 (1st Cir. 1995).

Gangi v. West Newbury Mutual Fire Insurance

1994 Mass. App. Div. 160 · Massachusetts District Court, Appellate Division · Aug 17, 1994

Hoffman v. Chelsea, 315 Mass. 54, 56 (1943). In this case, the burden of proof is on the plaintiff to show that the loss came within the policy provisions. Brown v. … Perry v. Hanover, 314 Mass. 167, 170 (1943).

Downey v. New England Retinning, Inc.

11 Mass. App. Div. 1 · Massachusetts District Court, Appellate Division · Jan 10, 1946

Lonergan v. American Railway Express Co., 250 Mass. 35 . Goyette v. Amor, 294 Mass. 355, 357 . Brown v. Daley, 273 Mass. 432, 435 . Spain v. Oikemus, 278 Mass. 544 . Herman v. Radofsky, 301 Mass. 534, 537 . … Barrett v. Checker Taxi Co., 263 Mass. 252, at 254 . Brown v. Daley, 273 Mass. 432, at 435, 436 . Meaney v. Doyle, 276 Mass. 218, at 220 . Jackson v. Anthony, 282 Mass. 540, 544 . Smith v. Hogan, 282 Mass. 573, at 574 .

Sarno v. Ingalls

2009 Mass. App. Div. 191 · Massachusetts District Court, Appellate Division · Sep 21, 2009

See Chumbiray v. Central-Chrysler Plymouth Jeep Eagle, 1998 Mass. App. Div. 1 n.1 . … Auth. v. Hemingway, 363 Mass. 184, 203 (1973). The methodology for computing damages has been set forth by the Appeals Court in McKenna v. Begin, 3 Mass. App. Ct. 168 (1975) (“McKenna I“) and McKenna v. Begin, 5 Mass.

Villager, Inc. v. Batchelder

40 Mass. App. Dec. 29 · Massachusetts District Court, Appellate Division · May 21, 1968

Black Beauty Coal Co. v. Cohen, 267 Mass. 98 . … Brown, 10 Cush. 262 , 264-265. Finding for the defendant vacated. New trial ordered.

Peirce v. Boucher

6 Mass. App. Div. 453 · Massachusetts District Court, Appellate Division · Dec 15, 1941

The defendant has offered no authority for his contention, except to cite Tracy v. Brown, 265 Mass. 163 , in which the court discusses what constitutes a disaffirmance. … Tracy v. Brown, 265 Mass. 163, at 165 . Kelly v. Halox, 256 Mass. 5, at 8 . Adamowski v. Curtis-Wright Flying Service, 300 Mass. 281, at 284, 285 . The denial of this requested ruling was prejudicial error.

Jordan v. Free

2006 Mass. App. Div. 135 · Massachusetts District Court, Appellate Division · Aug 28, 2006

Jeffrey boarded the dog at the Manomet Animal Hospital. Manomet was aware from Mr. … Splaine v. Eastern Dog Club, Inc., 306 Mass. 381, 385 (1940), quoting Andrews v. Jordan Marsh Co., 283 Mass. 158, 161 (1933).

Grenon v. Audette

6 Mass. App. Div. 421 · Massachusetts District Court, Appellate Division · Sep 5, 1941

As is said in Read v. Sutton, 2 Cush. 115 , 123, “the docket is the record, until the record is fully extended, and the same rules of presumed verity apply to it as to the record. … Brown v. South Boston Savings Bank, 148 Mass, 300 at 306. *423 In the case at bar there is something more than the execution delivered back into court. The docket entry shows the execution to be satisfied. In Lait v.

Commonwealth v. Town of Mattapoisett

1983 Mass. App. Div. 131 · Massachusetts District Court, Appellate Division · Apr 19, 1983

G.L. c. 151 A, §42 provides for judicial review of decisions of the board of review. … While it might, with merit, be argued that this proceeding does not seek to review the action of the board of review, §42 makes the director a party to any proceeding before the board, and he is the respondent in all such

Hennessy v. Mitchell Estates, Inc.

20 Mass. App. Dec. 146 · Massachusetts District Court, Appellate Division · Jan 27, 1961

Witherell v. Murphy, 147 Mass. 417 ; Wright v. Young, 176 Mass. 100 ; Fitzpatrick v. Gilson, supra. … Brown & Brown of Bedford, for the Plaintiff. David B. Goldberg of Boston, for the Defendant. The seller having accepted, the buyer by signing the agreement, acknowledged his liability to the broker. Fitzpatrick v.

Zahansky v. Shea

54 Mass. App. Dec. 51 · Massachusetts District Court, Appellate Division · Apr 23, 1974

Montague, 305 Mass. 14 ; Mancini v. Columbus Auto Body, Inc., 1971 Adv. Sh. 947; Gentile v. Rent Control Board of Somerville, 48 Mass. App. Dec. 199 ; Van de Water v. Farrington, -Mass. App. … Commercial Credit Corp. v. Flowers, 282 Mass. 316 . Therefore, the Appellate Division has no jurisdiction to hear petitioner’s appeal from a petition filed pursuant to G.L. c. 140, § 131. Report Dismissed. App.

Elliott v. Chaouche

2000 Mass. App. Div. 22 · Massachusetts District Court, Appellate Division · Jan 21, 2000

Altschuler v. Boston Rent Board, 12 Mass. App. Ct. 452, 457-458 (1981). See also Lynch v. *26 James, 44 Mass. App. Ct. 448, 450 (1998); Spaulding v. Young, 32 Mass. App. Ct. 624, 627 (1992). … Auth. v.