Case law

Commonwealth v. Valentine

18 Mass. App. Ct. 965 · Massachusetts Appeals Court · Oct 26, 1984

The officer’s “plain view” detection, from outside the vehicle, of the marihuana odor, the seeds, the brown vegetable material, and the small envelope was proper. Commonwealth v. Ortiz, 376 Mass. 349, 353 (1978). … The marihuana odor, the seeds, the brown vegetable material, and the small envelope gave the officer probable cause to believe that other contraband was within the vehicle and on Valentine’s person. Commonwealth v.

Bengar v. Clark Equipment Co.

24 Mass. App. Ct. 41 · Massachusetts Appeals Court · Apr 7, 1987

Brown, J. … Textor v. Board of Regents, 711 F.2d 1387 , 1390 (7th *46 Cir. 1983) (motion to reconsider the denial of leave to amend properly viewed as a rule 59 [e] motion).

Stamboulis v. Stamboulis

401 Mass. 762 · Massachusetts Supreme Judicial Court · Mar 7, 1988

Brown, 381 Mass. 231, 231 (1980) (interspousal immunity abolished as to non-motor vehicle torts). Contra Schofield v. … Restatement (Second) of Torts § 895G (1979). 5 See Brown v.

Belezarian's Case

307 Mass. 557 · Massachusetts Supreme Judicial Court · Dec 30, 1940

Warfield v. Adams, 215 Mass. 506, 519 . Long v. Athol, 196 Mass. 497, 507 . First National Bank of Haverhill v. Harrison, 271 Mass. 258, 263 . Meier v. First Citizens Bankers Corp. 301 Mass. 410, 413 . Chopelas v. … We think that the board intended to pass upon the material propositions of law and fact presented by the requests. See Stoneham Five Cents Savings Bank v. Johnson, 295 Mass. 390, 393 ; Restighini v.

Opinion of the Justices to the Governor & Council

307 Mass. 613 · Massachusetts Supreme Judicial Court · Oct 18, 1940

Morris, 207 Mass. 167, 169 ; County of Berkshire v. Cande, 222 Mass. 87 ; Keegan v. Director General of Railroads, 243 Mass. 96, 99 ; Goulis v. … Gaw v. Ashley, 195 Mass. 173 . Barrett v. Medford, 254 Mass. 384 . Attorney General v. Henry, 262 Mass. 127, 132 .

Silverman v. Liberty Mutual Insurance

13 Mass. L. Rptr. 303 · Massachusetts Superior Court · Jul 11, 2001

See generally Harhen v. Brown, 46 Mass.App.Ct. 793, 803 (1999), rev’d on other grounds, 431 Mass. 838 (2000); G.L.c. 175, §30(a)(4). … See Zimmerman v.

Almeida v. Travelers Insurance

383 Mass. 226 · Massachusetts Supreme Judicial Court · Mar 31, 1981

Franklin v. North Weymouth Coop. Bank, 283 Mass. 275, 280 (1933). The only questionable *230 elements here are the identity of the causes of action and whether the board is a “court of competent jurisdiction.” … Travelers has suggested no alternate explanation of the board’s finding and order. 3 See, e.g., CIBA Corp. v.

Cohen v. Assessors of Boston

344 Mass. 268 · Massachusetts Supreme Judicial Court · May 4, 1962

There was n o agreed statement of facts ’ ’ nor report of the board. All that is left by the waiver required by § 7A are questions of law raised by the pleadings. Milchen Furniture Co. Inc. v. … The board’s decision, which was a general finding, imported a finding of all the subsidiary facts necessary to support it. Povey v. Colonial Beacon Oil Co. 294 Mass. 86, 90 . Gallo v. Foley, 299 Mass. 1, 5 .

Commonwealth v. Page

155 Mass. 227 · Massachusetts Supreme Judicial Court · Jan 6, 1892

v. … In Commonwealth v.

Pinchuk v. State Street Corp.

28 Mass. L. Rptr. 37 · Massachusetts Superior Court · Jan 19, 2011

see also Blake v. … Harhen v. Brown, 431 Mass. 838, 845-46 (2000). A director taking or refraining to take action in the good faith exercise of the business judgment rule will not be liable for such actions.

Commonwealth v. Wimer

480 Mass. 1 · Massachusetts Supreme Judicial Court · Jun 21, 2018

No. 209081 v. … As the board's interpretation renders the word "subsequent" superfluous, we decline to defer to it. See Chin v.

Schulte v. Director of the Division of Employment Security

369 Mass. 74 · Massachusetts Supreme Judicial Court · Nov 10, 1975

Board of Appeals of Groton, 349 Mass. 730 (1965); Halko v. Board of Appeals of Billerica, 349 Mass. 465 (1965); Cohen v. Board of Registration in Pharmacy, 347 Mass. 96 (1964). … See Staman v. Assessors of Chatham, 350 Mass. 100, 101 (1966); Opie v. Board of Appeals of Groton, 349 Mass. 730, 734 (1965).

Boston Five Cents Savings Bank v. Assessors of Boston

317 Mass. 694 · Massachusetts Supreme Judicial Court · Feb 8, 1945

See King v. Viscoloid, Co. 219 Mass. 420, 424 ; Mitchell v. Mitchell, 312 Mass. 154, 161 . … Nor does the case of Boston Five Cents Savings Bank v.

Piccicuto v. Dwyer

32 Mass. App. Ct. 137 · Massachusetts Appeals Court · Feb 13, 1992

Brown, J. … Doliner v. Brown, 21 Mass. App. Ct. 692, 700 (1986) (Brown, J., concurring). 6.

Springfield Institution for Savings v. Worcester Federal Savings & Loan Ass'n

329 Mass. 184 · Massachusetts Supreme Judicial Court · Jul 3, 1952

Beyond question, the home loan board has been validly and generally empowered by the home owners’ loan act to make rules for the organization and regulation of savings and loan associations. Fahey v. Mallonee, 332 U. … We see no reason to suppose that Congress intended that the board should make regulations which should not be of uniform application throughout the country. See Hopkins Federal Savings & Loan Association v.

Carr v. Howard

426 Mass. 514 · Massachusetts Supreme Judicial Court · Jan 22, 1998

Ass’n v. Board of Registration in Medicine, 401 Mass. 172, 177-178 (1987). … Ass’n v. Board of Registration in Medicine, 401 Mass. 172, 183 (1987), but goes further to clarify that documents in the hands of the board remain protected from discovery.

Bennett v. Platt

26 Mass. 558 · Massachusetts Supreme Judicial Court · Sep 15, 1830

The attorney called on Brown and demanded the wagon, but it not *571 being ready, he commenced a suit against Brown, which was discontinued in 1829 ; and after the death of Brown the defendant’s claim was proved before the … See Oldfield v. Lowe, 9 Barn. & Cressw. 73 ; Goode v. Langley, 7 Barn. & Cressw. 96; Atkinson v. Bell, 8 Barn. & Cressw. 277 ; Maberley v. Sheppard, 10 Bingh. 99; Sumner v. Hamlet, 12 Pick. 82 , 83; Glover r.

McDonald's Corp. v. Town of Seekonk

12 Mass. App. Ct. 351 · Massachusetts Appeals Court · Aug 18, 1981

L. c. 40A, as now in effect, the Superior Court lacked jurisdiction to hear the matter in the absence of its having previously been considered by the board of ap *352 peals. Neuhaus v. … Morganelli v. Building Inspector of Canton, 7 Mass. App. Ct. 475, 481 (1979). G.

Community Dev. Gardner v. Bd. of Assessors of Gardner

377 Mass. 351 · Massachusetts Supreme Judicial Court · Feb 21, 1979

In Royal Gardens Co. v. … The board correctly rejected the assessors’ approach, holding that whether or not the Federal payments were income to the company was irrelevant. See Morville House, Inc. v.

Lembersky v. PAROLE BD. OF THE DEPT. OF CORRECTION

332 Mass. 290 · Massachusetts Supreme Judicial Court · Feb 17, 1955

Cummings v. State, 4 Wall. 277 . Kring v. Missouri, 107 U.S. 221 . Duncan v. Missouri, 152 U.S. 377 . Commonwealth v. McDonough, 13 Allen, 581 . Murphy v. Commonwealth, 172 Mass. 264 . … Commonwealth v. Wyman, 12 Cush. 237 , 239. Commonwealth v. Gardner, 11 Gray, 438 , 445. Commonwealth v. McKenney, 14 Gray, 1 . Dolan v. Thomas, 12 Allen, 421 . Commonwealth v. Phelps, *294 210 Mass. 78 . Commonwealth v.