878 N.E.2d 952 BASIS TECHNOLOGY CORPORATION v. AMAZON.COM, INC. No. 06-P-1048.Appeals Court of Massachusetts. Suffolk.March 16, 2007. January 7, 2008. Present: LENK, GREEN, SIKORA, JJ. Contract, Settlement agreement, What constitutes, Construction of contract. Judicial Estoppel. A Superior Court judge hearing a motion to enforce a midtrial settlement agreement correctly ruled that settlement terms set forth […]
Category: Massachusetts Appellate Court Opinions
FESTA v. PIEMONTE, 349 Mass. 761 (1965)
207 N.E.2d 535 FEDERICO FESTA vs. EVELYN P. PIEMONTE. Supreme Judicial Court of Massachusetts. May 3, 1965. Order dismissing report affirmed. The plaintiff, seventy-eight years of age at the time of the accident which is the basis of this action, was a tenant at will in the defendant’s premises. He went to the roof of […]
COMMONWEALTH v. WIGGINS, 68 Mass. App. Ct. 1120 (2007)
864 N.E.2d 1260 COMMONWEALTH v. JASAD WIGGINS. No. 06-P-1284.Appeals Court of Massachusetts. May 2, 2007. Decision Pursuant to Rule 1:28. Order of single justice affirmed.
DENNETT v. ATKINS, 232 Mass. 301 (1919)
122 N.E. 390 HERBERT E. DENNETT vs. EDWIN F. ATKINS. Supreme Judicial Court of Massachusetts. Middlesex.January 9, 20, 1919. February 28, 1919. Present: RUGG, C.J., LORING, CROSBY, PIERCE, JJ. Equity Jurisdiction, Bill to redeem from mortgage. An attempted foreclosure under a power of sale of a mortgage of real estate was defective by reason of […]
STEVEN DOMINIC AUGER, 446 Mass. 1101 (2006)
STEVEN DOMINIC AUGER, SR., petitioner. Supreme Judicial Court of Massachusetts. February 1, 2006. Appeal from Reported below: 65 Mass. App. Ct. 1103 (2005). Further appellate review denied:
COMMONWEALTH v. BASSETT, 54 Mass. App. Ct. 1112 (2002)
766 N.E.2d 128 COMMONWEALTH v. TERRY BASSETT. No. 00-P-1902.Appeals Court of Massachusetts. April 17, 2002. Order denying motion for new trial affirmed.
COMMONWEALTH v. CABRAL, 415 Mass. 1101 (1993)
COMMONWEALTH vs. ROBERT R. CABRAL. Supreme Judicial Court of Massachusetts. April 26, 1993 Further appellate review denied: Reported below: 34 Mass. App. Ct. 1105 (1993).
COMMONWEALTH v. THOMPSON, 45 Mass. App. Ct. 523 (1998)
699 N.E.2d 847 COMMONWEALTH vs. JOSEPH THOMPSON. No. 97-P-1866.Appeals Court of Massachusetts. Worcester.June 12, 1998. September 28, 1998. Present: Kass, Spina, Beck, JJ. Abuse Prevention. Waiver. Constitutional Law, Waiver of constitutional rights, Freedom of speech and press. A criminal defendant, convicted of three counts of violating an abuse prevention order forbidding him from contacting another […]
COMMONWEALTH v. ADAMS, 45 Mass. App. Ct. 1116 (1998)
701 N.E.2d 680 COMMONWEALTH vs. MICHAEL ADAMS. No. 96-P-1013.Appeals Court of Massachusetts. September 24, 1998. The judgment of conviction for unlawful possession of a firearm is vacated and the indictment dismissed. The judgments of conviction for armed robbery and second degree murder are affirmed.
JONES v. LE MAY-LIEB CORP., 301 Mass. 133 (1938)
16 N.E.2d 634 AARON MARSHALL JONES vs. LE MAY-LIEB CORPORATION. Supreme Judicial Court of Massachusetts. Suffolk.February 9, 1938. September 13, 1938. Present: DONAHUE, LUMMUS, QUA, DOLAN, JJ. Sale, Lien of vendor. Conversion. An unpaid seller of an automobile to whom the buyer redelivered it in an unsuccessful attempt to rescind the sale had a seller’s […]
O’MALLEY v. PUTNAM SAFE DEPOSIT VAULTS, 391 Mass. 1103 (1984)
WILLIAM O’MALLEY v. PUTNAM SAFE DEPOSIT VAULTS, INC. Supreme Judicial Court of Massachusetts. March 1, 1984. Further appellate review denied: Reported below: 17 Mass. App. Ct. 332 (1983).
WARNER CO. v. LIBERTY MUT. INS. CO., 80 Mass. App. Ct. 1104 (2011)
951 N.E.2d 1013 WARNER COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY. No. 10-P-2002.Appeals Court of Massachusetts. August 18, 2011. DECISIONS PURSUANT TO RULE 1:28. Separate and final judgment affirmed.
JACKSON v. BOARD OF REGISTRARS OF VOTERS, 353 Mass. 747 (1967)
231 N.E.2d 17 JOSEPH D. JACKSON others vs. BOARD OF REGISTRARS OF VOTERS OF MARLBOROUGH others. Supreme Judicial Court of Massachusetts. November 3, 1967. The petitioners appeal from an order for judgment dismissing a petition for a writ of mandamus to compel the respondent board inter alia to certify an alleged referendum petition. The alleged […]
BROOKS v. BENNETT, 277 Mass. 8 (1931)
177 N.E. 685 HENRY E. BROOKS vs. ELIZA M. BENNETT another. Supreme Judicial Court of Massachusetts. Middlesex.May 18, 1931. September 22, 1931. Present: RUGG, C.J., PIERCE, CARROLL, WAIT, FIELD, JJ. Mortgage, Of real estate: foreclosure. Estoppel. Deed. Equity Jurisdiction, Accounting by mortgagee for surplus at sale. Evidence, Competency, Extrinsic affecting writings. Equity Pleading and Practice, […]
McLAUGHIN v. JONES, 243 Mass. 207 (1922)
137 N.E. 348 MALCOLM McLAUGHIN, trustee in bankruptcy, vs. ALLEN C. JONES another. Supreme Judicial Court of Massachusetts. Suffolk.October 14, 1922. December 1, 1922. Present: RUGG, C.J., De COURCY, CROSBY, PIERCE, CARROLL, JJ. Husband and Wife. Gift. Evidence, Inference, Of intent. An intent on the part of a husband either to ratify, after the enactment […]
COMMONWEALTH v. BAPTISTE, 55 Mass. App. Ct. 1112 (2002)
772 N.E.2d 1098 COMMONWEALTH vs. MARIE BAPTISTE. No. 01-P-487.Appeals Court of Massachusetts. August 14, 2002. Judgments affirmed.
LURIE v. PINANSKI, 215 Mass. 229 (1913)
102 N.E. 629 MARCUS S. LURIE vs. NATHAN PINANSKI. Supreme Judicial Court of Massachusetts. Suffolk.January 22, 1913. June 17, 1913. Present: RUGG, C.J., MORTON, LORING, BRALEY, SHELDON, JJ. Equity Jurisdiction, Coming into court with clean hands, Accounting between partners, Constructive trust. Partnership. In a suit by a member of a partnership, consisting of the plaintiff, […]
COMMONWEALTH v. COLON, 57 Mass. App. Ct. 1105 (2003)
781 N.E.2d 881 COMMONWEALTH vs. ARIEL COLON. No. 01-P-111.Appeals Court of Massachusetts. January 21, 2003. Judgment affirmed.
ADOPTION OF RONI, 438 Mass. 1104 (2002)
782 N.E.2d 515 ADOPTION OF RONI. Supreme Judicial Court of Massachusetts. January 7, 2003. Further appellate review denied: Reported below: 56 Mass. App. Ct. 52 (2002).
MAGNOLIA METAL CO. v. GALE, 189 Mass. 124 (1905)
75 N.E. 219 MAGNOLIA METAL COMPANY vs. GEORGE W. GALE. Supreme Judicial Court of Massachusetts. Suffolk.January 18, 1905. September 11, 1905. Present: KNOWLTON, C.J., MORTON, LATHROP, LORING, BRALEY, JJ. Contract. Damages. Practice, Civil, New trial. It is no defence to an action for breach of a contract in writing, that the contract broken by the […]