Case law

Brown v. Kendall

90 Mass. 209 · Massachusetts Supreme Judicial Court · Jan 15, 1864

Coburn v. Palmer, 10 Cush. 273 . So if the plaintiff had consented to the proceeding, the judgment would have been discharged. But he cannot be regarded as consenting to it. … The case of Kellogg v. Gilbert, 10 Johns. 220 , seems to show that he had not such power.

Yeomans v. Brown

49 Mass. 51 · Massachusetts Supreme Judicial Court · Oct 15, 1844

In Hays v.

Brown v. Bailey

42 Mass. 254 · Massachusetts Supreme Judicial Court · Sep 15, 1840

Porter v. Hill, 9 Mass. 34 . Bartlet v. Harlow, 12 Mass. 348 . French v. Lund, 1 N. Hamp. 42. … Varnum v. Abbot, 12 Mass. 474 . Nichols v. Smith, 22 Pick. 316 . Such conveyance or levy, therefore, is good against the grantor and all claiming under him.

Morrill v. Brown

32 Mass. 173 · Massachusetts Supreme Judicial Court · Nov 15, 1833

By collecting the checks he became answerable to Brown for the amount of his share of the money. … Floyd v. Day, 3 Mass. R. 403 . So, if he sue in his own name, and levy his execution on real estate. Randall v. Rich, 11 Mass. R. 494 .

Brown v. Brigham

87 Mass. 582 · Massachusetts Supreme Judicial Court · Jan 15, 1863

Sts. c. 118, § 44,) as it was applied in the case of Wetherbee v. Martin, 10 Gray, 245 , this action might have been maintained by Brown alone, if the bond in suit had been given to Wiley alone. … Swett v. Sullivan, 7 Mass. 342 . The court are of opinion that the proceedings in review left the bond in force. The case of Dunlap v. Burnham,, 38 Maine, 112, was cited as sustaining a contrary doctrine.

Merrill v. Brown

29 Mass. 216 · Massachusetts Supreme Judicial Court · Nov 11, 1831

The relation of Moses Brown the elder was that of a mortgagee, who had not entered for condition broken. … Goodwin v. Richardson, 11 Mass. R. 469 . So because the debt goes to personal representatives, the executor and not the heir shall be deemed seised of the mortgaged premises and have an action for them. Smith v.

Clark v. Brown

85 Mass. 509 · Massachusetts Supreme Judicial Court · Jan 15, 1862

Holbrook v. Finney, 4 Mass. 566 . … Priest v. Rice, 1 Pick. 164 . Kendall v. Lawrence, 22 Pick. 540 . Upon the facts agreed, judgment must therefore be rendered for the demandant.

Swett v. Brown

22 Mass. 178 · Massachusetts Supreme Judicial Court · Sep 15, 1827

Allen v. Megguire, 15 Mass. R. 490 ; Parker v. Kinsman, 8 Mass. R. 486 ; Burlingame v. Bell, 16 Mass. … According to the case of Burlingame v.

Sibley v. Brown

21 Mass. 137 · Massachusetts Supreme Judicial Court · Oct 3, 1826

Mitchell, 1 Cowen, 319; Parish v. Stanton, 2 Root, 154 ; Carpenter v. Crane, 1 Root, 98 ; Warren v. Powers, 5 Connect. R. 373; Wolcott v. Dwight, 2 Day, 405 ; Henries v. … R. 308; Keay v. Goodwin, 16 Mass. R. 1 , Gould’s Pl. c. 8, § 78; Sterns v. Patterson, 14 Johns. R. 132; Andrus v. Waring, 20 Johns. R. 263; but it is aided by verdict Gould’s Pl. c. 8, § 79.

Brown v. Austin

1 Mass. 158 · Massachusetts Supreme Judicial Court · Nov 15, 1804

Brown, who was merely the agent of the public? Reason and justice forbid it. … But it is said that the defendant in error performed the services at the request of Brown, and therefore Brown is personally liable.

Brown v. Evans

88 Mass. 333 · Massachusetts Supreme Judicial Court · Jan 15, 1863

Shearer v. Handy, 22 Pick. 417 . Barrows v. Capen, *335 11 Cush. 37 . … See Fletcher v. Webster, 5 Allen, 566 . In the case of Skillings v.

Brown v. Castles

65 Mass. 348 · Massachusetts Supreme Judicial Court · Oct 15, 1853

See Harvey v. Young, Yelv. 21; Baily v. Merrell, 3 Bulst. 94; Vernon v. Keyes, 4 Taunt. 494, and 12 East, 632; Moore v. Turbeville, 2 Bibb, 602; Saunders v. Hatterman, 2 Ired. 32; Starr v. … And the former course, which the statute authorizes, must be regarded as cumulative and not exclusive, inasmuch as it applies to a deceit which we find to be actionable at common law. 2 Inst. 200; 5 Dane Ab. 247; Brown v.

Slasson v. Brown

37 Mass. 436 · Massachusetts Supreme Judicial Court · Sep 20, 1838

; which certificate was delivered to the gaoler before Brown left the prison limits. … Chase v. Hathaway, 14 Mass. R. 222 ; Scott v. Dickinson, 14 Pick. 276 .

Litchfield v. Retirement Board

303 Mass. 473 · Massachusetts Supreme Judicial Court · Jul 5, 1939

If before the amendment “employee” did not include an officer, and if these plaintiffs are officers (see O’Connell v. … O’Connell v. Retirement Board of Boston, 254 Mass. 404, 407 .

Harrington v. Brown

24 Mass. 232 · Massachusetts Supreme Judicial Court · Oct 29, 1828

R. 641 ; Ward v. Griffith, 1 Ld. Raym. 83. But the question which goes to the merits of the case and *241 settles it conclusively, arises under the first plea to the second count.

Dewey v. Brown

22 Mass. 238 · Massachusetts Supreme Judicial Court · Sep 15, 1827

J It was decided in the case of Otis v. Warren, 14 Mass. R. 239 , after a review of the authorities, that non-tenure may be pleaded in bar as well as in abatement. … See Keith v. Swan, 11 Mass. R. (Rand's ed.) 217, n. a; Stearns on Real Actions, (2d ed.) 193

Brown v. Kelsey

56 Mass. 243 · Massachusetts Supreme Judicial Court · Oct 15, 1848

And so a similar question was decided in the case of Sawyer v. Baldwin, 20 Pick. 378 , and the decision is fully supported by the cases there cited. … So it was held in the case of Bartlett v. Nye, 4 Met. 378, 380 , after a full consideration of the previous authorities which fully support the decision. So in the case of Washburn v.

Thompson v. Brown

34 Mass. 462 · Massachusetts Supreme Judicial Court · Nov 15, 1835

Wilder v. Bailey, 3 Mass. R. 289 j Pollard v. Ross, 5 Mass. R. 319 ; Staples v. Staples, 4 Greenl. 532. … The same point was expressly decided by the Supreme Court of the United States, in the case of Turner v.

Brown v. Saltonstall

44 Mass. 423 · Massachusetts Supreme Judicial Court · Nov 15, 1841

The words of the devise are clear, and the evidence offered was entirely insufficient, to control their obvious meaning. *428 The case of Doe v. … See Den v. Bolick, 1 Iredell, 244.

Hahn v. Planning Board

24 Mass. App. Ct. 553 · Massachusetts Appeals Court · Jul 30, 1987

See Glacier Sand & Stone Co. v. Board of Appeals of Westwood, 362 Mass. 239, 241-242 (1972); M. DeMatteo Construction Co. v. Board of Appeals of Hingham, 3 Mass. App. Ct. 446, 461 (1975). See also G. … L. c. 41, § 81M, to find an abuse of discretion by the board is also misplaced. See Pieper v. Planning Bd. of Southborough, 340 Mass. 157, 163-164 (1959). See also Baker v.