The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 55

The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 55

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...her by way of loan $600 as a part of the transaction, and on the condition that she would execute this deed of trust. It seems to have been a family arrangement to save her property for the benefit of her children, and to protect it, not only from the demands of her husband, but possibly from her own improvidence. It may be that the fact that there was this pecunia.ry consideration would not prevent a court of equity from setting aside the settlement upon proof of fraud or concealment, or upon proof of any material misapprehension on her part of facts, which if known and called to her attention, would have led to a settlement of a different character. But it throws some light upon the transaction, and tends to show that her failure to think of the contingency of her husband's death was immaterial, and that if she had thought of it, there would have been no change in the provisions of the deed. We are of opinion that the plaintilf does not show suflieient cause for setting aside the settlement, voluntarily and fairly made by her. Bill disinissed. COMMONWEALTH v. CHENEY. (I41 Mass. 102.) Criminal law-liability of ofllcer for mistaken arrest. A police oflicer, acting in good faith and with reasonable cause, is not criminally liable for arresting without a warrant a sober man for being publicly intoxicated. CONVICTION of assault. The opinion states the case. Commonwealth v. Cheney. H. I. Bartlett, for defendant. E. J. Sfierman, attorney-general, for Commonwealth. GARDNER, J. 1. The defendant was indicted for an assault with a dangerous weapon upon one Hayes. At the trial, it appeared that the defendant was a police ofiicer, and one of the night-watch of Newburyport, and at the time of the alleged assault, was on duty upon his beat. The...show more

Product details

  • Paperback | 378 pages
  • 189 x 246 x 20mm | 671g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123693136X
  • 9781236931368