748 N.E.2d 1013 MARIE VANHOOSE SAYRE,[1] trustee vs. JONATHAN ALAN AISNER. No. 98-P-1052.Appeals Court of Massachusetts. Plymouth.March 16, 2000. June 8, 2001. [1] Under the will of Anne Rogers Maurer-Shields. Present: Greenberg, Kaplan, Smith, JJ. Probate Court, Jurisdiction. Jurisdiction, Equitable. Adoption, Visitation rights. Minor, Visitation rights. Words,”De facto parent.” The Probate and Family Court has […]
Category: Massachusetts Appellate Court Opinions
McGONAGLE v. COMM. OF UNEMP. ASSI., 76 Mass. App. Ct. 1117 (2010)
922 N.E.2d 863 WILLIAM S. McGONAGLE v. COMMISSIONER OF THE DIVISION OF UNEMPLOYMENT ASSISTANCE another. No. 09-P-468.Appeals Court of Massachusetts. March 10, 2010. Decisions Pursuant to Rule 1:28. Judgment affirmed.
CARTER PILE D. v. U.S. FID., 52 Mass. App. Ct. 1107 (2001)
752 N.E.2d 842 CARTER PILE DRIVING, INC. vs. UNITED STATES FIDELITY GUARANTY COMPANY. No. 99-P-306.Appeals Court of Massachusetts. August 6, 2001. Judgment affirmed. Page 1108
COMMONWEALTH v. MARTIN, 458 Mass. 1103 (2010)
COMMONWEALTH v. NATHAN MARTIN. Supreme Judicial Court of Massachusetts. September 15, 2010. Reported below: 77 Mass. App. Ct. 1108 (2010). Orders. Further appellate review denied
CONNOLLY v. DIV. OF PUBLIC EMPLOYEE RETIREMENT ADMIN., 415 Mass. 800 (1993)
616 N.E.2d 59 PAUL K. CONNOLLY vs. DIVISION OF PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION another.[1] Supreme Judicial Court of Massachusetts. Suffolk.May 3, 1993. July 13, 1993. [1] Massachusetts Retirement Board. Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, JJ. Judge. Retirement. Public Employment, Retirement. Where a judge retired in 1976, pursuant to the mandate of art. 98 […]
McDONALD v. DUTTON, 190 Mass. 391 (1906)
76 N.E. 1065 FRANCIS E. McDONALD vs. BENJAMIN F. DUTTON others. Supreme Judicial Court of Massachusetts. Middlesex.November 16, 1905. February 28, 1906. Present: KNOWLTON, C.J., MORTON, HAMMOND, LORING, SHELDON, JJ. Negligence. Elevator. The proprietor of a freight elevator which passes between a sub-basement and the sidewalk of a street through an elevator well with a […]
WINTER v. FEENEY, 73 Mass. App. Ct. 1118 (2009)
900 N.E.2d 535 ANTHONY R. WINTER v. THOMAS R. FEENEY another. No. 07-P-1695.Appeals Court of Massachusetts. January 30, 2009. Decisions Pursuant to Rule 1:28. Judgments affirmed.
E.L. v. SEX OFFENDER, 68 Mass. App. Ct. 1108 (2007)
861 N.E.2d 811 E.L. v. SEX OFFENDER REGISTRY BOARD. No. 06-P-250.Appeals Court of Massachusetts. February 21, 2007. Decision Pursuant to Rule 1:28. Judgment affirmed.
MASSACHUSETTS GENERAL HOSPITAL v. RATE SETTING COMM., 359 Mass. 157 (1971)
269 N.E.2d 78 MASSACHUSETTS GENERAL HOSPITAL vs. RATE SETTING COMMISSION another.[1] Supreme Judicial Court of Massachusetts. Suffolk.February 5, 1971. April 2, 1971. [1] The Commissioner of the Department of Public Welfare (the commissioner). Present: TAURO, C.J., SPALDING, CUTTER, BRAUCHER, JJ. Hospital. Public Welfare. Medicaid. Regulation. Equity Jurisdiction, Declaratory relief. Moot Question. A “provider” of hospital […]
COMMONWEALTH v. SOUSA, 413 Mass. 1109 (1992)
COMMONWEALTH vs. AMERICO SOUSA. Supreme Judicial Court of Massachusetts. DECEMBER 2, 1992 Further appellate review denied: Reported below: 33 Mass. App. Ct. 433 (1992).
RUDOW v. FOGEL, 376 Mass. 587 (1978)
382 N.E.2d 1046 WILLIAM RUDOW vs. ALBERT FOGEL. Supreme Judicial Court of Massachusetts. Essex.September 15, 1978. November 9, 1978. Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, LIACOS, JJ. Res Judicata. Collateral Estoppel. Parent and Child. In an action by a father on behalf of his son seeking a judgment that the defendant held certain real property […]
COMMONWEALTH v. VANDENHECKE, 248 Mass. 403 (1924)
143 N.E. 337 COMMONWEALTH vs. CYRILLE J. VANDENHECKE. Supreme Judicial Court of Massachusetts. Essex.March 7, 1924. April 7, 1924. Present: RUGG, C.J., BRALEY, DeCOURCY, CROSBY, CARROLL, JJ. Evidence, Competency: affecting credibility of witness; Presumptions and burden of proof. Witness, Impeachment. Homicide. Practice, Criminal, New trial. At the trial of an indictment charging the defendant with […]
COMMONWEALTH v. PATTERSON, 448 Mass. 1108 (2007)
864 N.E.2d 22 COMMONWEALTH v. COREY PATTERSON. Supreme Judicial Court of Massachusetts. March 29, 2007. Appeal from the Reported below: 68 Mass. App. Ct. 1105 (2007). Further appellate review denied:
GIBNEY v. OLIVETTE, 196 Mass. 294 (1907)
82 N.E. 41 LAWRENCE F. GIBNEY vs. JAMES I. OLIVETTE. Supreme Judicial Court of Massachusetts. Berkshire.September 10, 1907. October 15, 1907. Present: KNOWLTON, C.J., MORTON, BRALEY, SHELDON, RUGG, JJ. Contract, Validity, Implied: common counts. Wagering Contracts. Gaming. A wagering contract for the purchase of stock on a margin where no actual purchase or sale is […]
RAVID v. MANDELL, 42 Mass. App. Ct. 1113 (1997)
677 N.E.2d 720 Sari Ravid others vs. Frederick Mandell. No. 96-P-1365.Appeals Court of Massachusetts. March 27, 1997. The finding of the tribunal is to be replaced by the decision of the Appeals Court that the offer of proof of the plaintiffs, if properly substantiated, is sufficient to raise a legitimate question of liability appropriate for […]
KIRBY v. DONOVAN, 228 Mass. 86 (1917)
117 N.E. 241 WILLIAM KIRBY vs. SAMUEL B. DONOVAN another. Supreme Judicial Court of Massachusetts. Suffolk.November 22, 23, 1916. September 12, 1917. Present: RUGG, C. J., LORING, De COURCY, CROSBY, JJ. Jurisdiction. Equity Jurisdiction, To restrain enforcement of bond to dissolve injunction in another suit, To avoid alleged collusive decree. If a plaintiff in a […]
NEW ENGLAND WATCH v. HONEYWELL, 11 Mass. App. Ct. 948 (1981)
416 N.E.2d 1010 NEW ENGLAND WATCH CORP. vs. HONEYWELL, INC. Appeals Court of Massachusetts. February 25, 1981. A motion for summary judgment for the defendant was allowed. There was no error because there was no genuine issue of material fact, and the defendant was entitled to judgment as matter of law. Mass.R.Civ.P. 56(c), 365 Mass. […]
BENJAMIN FOSTER CO. v. COMMONWEALTH, 318 Mass. 190 (1945)
61 N.E.2d 147 BENJAMIN FOSTER COMPANY vs. COMMONWEALTH. Supreme Judicial Court of Massachusetts. Suffolk.December 7, 1944. May 7, 1945. Present: FIELD, C.J., QUA, DOLAN, RONAN, WILKINS, JJ. Contract, What constitutes, Building contract, Rescission, Construction, Performance and breach. Fraud. Warranty. Practice, Civil, Auditor: findings; Inferences. In a case referred to an auditor whose findings were to […]
BARR-WIGHT CO., INC. v. BUTKOVITZ, 267 Mass. 372 (1929)
166 N.E. 708 BARR-WIGHT CO., INC. vs. PHILLIP BUTKOVITZ. Supreme Judicial Court of Massachusetts. Suffolk.April 3, 1929. May 31, 1929. Present: RUGG, C.J., CROSBY, PIERCE, WAIT, SANDERSON, JJ. Agency, Undisclosed: liability of agent. Corporation, Officers and agents. Contract, Implied. At the trial of an action of contract against an individual upon an account annexed for […]
COMMONWEALTH v. SUDDERTH, 418 Mass. 1109 (1994)
COMMONWEALTH vs. MICHAEL SUDDERTH. Supreme Judicial Court of Massachusetts. October 31, 1994. Further appellate review denied: Reported below: 37 Mass. App. Ct. 317 (1994).