Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts (Volume 97 ) - Tapa blanda

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868. Excerpt: ... INDEX. ACCORD AND SATISFACTION. See Arbitrament And Award, 3. ACCOUNT. See Limitations, Statute Of, 2. ACCOUNT ANNEXED. See Contract, 5. ACTION. See Covenant; Homestead, 1, 2; Insurance, 5; Lease, 1; Lord's Day, 1; Mill And Mill Privilege, 1; Mortgage, 9; Promissory Note, 1; Sale, 4; Slander, 2; Tax, 2, 3. ADMINISTRATOR. See Executor And Administrator. ADULTERY. See Divorce, 5; Evidence, 18; Indictment, 3. AGENT. See Principal And Agent. AGREEMENT. See Contract. ALIMONY. An execution to enforce a decree for alimony is not for " debt or damages,' in the sense of the Gen. Sts. c. 124, § 5. Chase v. IngalU, 524. APPEAL. See Police Court; Record. APPRENTICE. See Bounty Money, 1; Infant, 1. ARBITRAMENT AND AWARD. 1. A stipulation in a lease that any question in dispute between the lessor and the lessee during the demised term shall be submitted to arbitrators,-whose award shall be final, is no bar to an action brought, without any offer of such submission, by the lessor against the lessee, on the lessee's covenant for payment of rent. Rowe v. Williams, 163. 2. An award of arbitrators, returned to the superior court on an agreement for submission under Gen. Sts. e. 147, will not be rejected for the reason that it finds that there was a breach of a contract, but awards no damages therefor; when the agreement provided that the arbitrators should determine " whether or not there has been any breach of the contract and, if so, what damages, if any, have been caused thereby." Holyoke Machine Co. v. Franklin Paper Co. 150. 3. The superior court has no authority, upon a defendant's motion, to cause an entry of " neither party " to be made, for the reason that the plaintiff since the case was pending has ascertained his damages by arbitration, and received payment...