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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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17
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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20
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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25
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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32
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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67
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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75
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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77
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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89
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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93
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
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All reporters › mass › Volume 325 Opinions in mass, volume 325
Daviau v. Betourney Page 1 The defendants, husband and wife, received a deed as tenants by the entirety in 1941 to a lot of land bounded southwesterly on Grattan Street in Chicopee, measuring about eighty feet on that street and running back *2about two hundred forty-seven feet northeasterly therefrom.… Brown v. Bigelow Page 4 In this action, stated in the writ to be “contract or tort,” it is alleged in the declaration that the defendant sold to one Dunkerly a quantity of hay, knowing that the same was to be resold by Dunkerly in the open market as food for animal consumption; that the defendant negligently prepared said hay so that it was… Perron's Case Page 6 This is an appeal by the city of Worcester, employer and self insurer, from a decree of the Superior Court awarding compensation under the workmen’s compensation act, G.… Woloshchuck's Case Page 10 This is a workmen’s compensation case. The employee worked for American Window Cleaning Company, which was insured under the act.… Lapinsky's Case Page 13 The question for decision in this case is whether the reviewing board erred in concluding that the *14employee’s death did not arise out of and in the course of his employment.… Band v. Davis Page 18 This is a petition in equity brought in the Probate Court by the executor1 under the will of Albert DeLeon for the purpose of having certain instruments transferring real and personal property from DeLeon to the *19respondent declared null and void.… The procedural background of this case *24appears largely by indirection and reference in the record, but we assume in favor of the director that the petitioner was denied unemployment compensation by the board of review; that upon her petition for review to the Municipal Court of the City of Boston under G.… Whitney v. Whitney Page 28 This is an appeal from a decree of the Probate Court for Plymouth County which modified a decree for alimony by increasing the amount to be paid by the respondent for the support of the petitioner and three minor children.… LaCouture v. Renaud Page 33 This is an appeal from a final decree dismissing a bill in equity alleging various grounds for relief but now restricted by the plaintiff to seeking damages and a permanent injunction to restrain the defendants from occupying a portion of a cellar in maintaining a grocery store which the defendants conduct upon… At about two thirty o’clock on the afternoon of December 4, 1945, a tractor and trailer loaded with wool backed seventy-five feet from the street into a mill yard and up to the receiving door of the mill, leaving a space of five feet between the left of the truck as it was headed and a building and a space of eighteen… Elwell v. Town of Athol Page 41 This is an action of tort for personal injuries incurred by the plaintiff on August 23, 1945, by falling on a sidewalk of Canal Street, a public way in the town of Athol, at a place where a driveway leads westerly across -the sidewalk along the northerly side and to the rear of the N.… This is an action of contract to recover additional payment for the transportation and delivery of the defendant’s goods from January 2, 1944, to August 21, 1946.… Century Indemnity Co. v. Bloom Page 52 This is an action of contract to recover amounts paid by the plaintiff as surety upon two bonds, which, it alleges, the defendants were bound to pay by virtue of an indemnity contract which they executed in favor of the plaintiff.… Hertrais v. Moore Page 57 This petition by Roslyn S. Hertrais, formerly Roslyn S.… Malm v. Dubrey Page 63 The plaintiffs are householders and residents in the Cherry Valley district in Leicester.… Burke v. Gahagan Page 68 This bill in equity under G. L. (Ter. Ed.) c.… Chisholm v. McCarthy Page 72 The plaintiff’s intestate, herein called the plaintiff, originally brought this action of contract to recover a broker’s commission for procuring a purchaser for the Lawrence Hotel and nearby cottages at Salisbury Beach.… This action is brought by Leonora Gurll, hereinafter called the plaintiff, for personal injuries sustained while she was a business invitee on premises controlled by the defendant.… Horton v. Tilton Page 79 The female plaintiff (hereinafter called the plaintiff) and her husband recovered damages for an injury which the plaintiff received while in the employ of the defendant, an antique dealer, when her finger was so badly crushed in the latch of a garage door that she lost a considerable portion of the bone of the first… Bulkowski v. Bulkowski Page 80 In the Probate Court a libel for divorce was dismissed and the judge made a report of material facts.… Buckner v. Sugarman Page 82 This is an action of tort to recover for injuries sustained by the plaintiff on October 25, 1946, when he fell from the second floor piazza of a three-story tenement house owned j ointly by the defendants.… Casella v. Sneierson Page 85 The plaintiff brings this bill in equity to restrain the defendants from erecting a garage on land over which the plaintiff claims to have a right of way.… Minkkinen v. Nyman Page 92 The plaintiff brings this action of tort to recover for personal injuries sustained when she fell on the steps of a dwelling owned by the defendants.… LaPlante v. Maguire Page 96 The plaintiff joined two independent operators of automobiles as defendants in an action of tort to recover for personal injuries and damage to 'his automobile, as permitted by G.… Rich v. Finley Page 99 These actions are based upon the alleged negligent operation by the defendant Finley of an airplane owned by the corporate defendant but hired by Finley for his own purposes.… Oakley Country Club v. Long Page 109 This action represents an attempt on the part of the plaintiff to recover from Mr. Long personally (compare Great Northern Life Ins.… This is an action of contract upon a policy of accident and health insurance, issued on June 20, 1931, to recover for total disability occurring in 1941, as the result, the plaintiff contends, of a coronary heart attack.… Collins v. Curtin Page 123 This is an appeal from a decree ordering the defendant to convey to the plaintiffs a certain parcel of real estate consisting of a duplex house and land numbered 33 and 35 Alder Street, Dracut.… Heath v. Heath Page 126 There are two petitions: one for separate *127support, by the wife, alleging that she is living apart from her husband and specifying cruel and abusive treatment as the justifiable cause, G.… Zeigale's Case Page 128 This is an appeal by an employee from a final decree entered in the Superior Court dismissing his claim for compensation under the workmen’s compensation act.… Winstanley v. Chapman Page 130 The defendants are husband and wife, and have since 1935 owned a house and land in Whitman.… Zani v. Zani Page 134 On September 11, 1947, Joseph P. Zani filed in the Probate Court for the county of Suffolk a libel for divorce against his wife Gladys E.… Wilson v. Askinas Page 136 On September 23, 1947, Frank Wilson was *137appointed special administrator of the estate of Max Brown.… Remington v. Donati Page 139 This is a report from a judge of the Superior Court, presenting the following facts.… Levine v. Ramler Page 141 On August 1, 1928, Israel Ramler, then an unmarried man, made his will, giving all his property to his sister, Clara Levine, and appointing her executrix of his will.… Commonwealth v. Sostilio Page 143 The indictment against the defendant was in three counts.… This complaint was brought in the District Court of Lawrence.… Kaufman v. Kaitz Page 149 The plaintiff owned real estate in Lynn at the corner of Western Avenue and Franklin Street.… Chouinard's Case Page 152 The employee, sixteen years of age, was employed learning doffing at the self insurer’s mill.… Commonwealth v. Soulia Page 155 The defendant was convicted and sentenced to death for the murder by shooting on November 22, 1948, at Chicopee of Francis W.… Brooks v. Eliot Savings Bank Page 159 This is an action for personal injuries sustained by the plaintiff when he fell upon a piece of iron pipe in the cellar of a building of the defendant.… This is an action for the conversion of tools and equipment.… This is an action of contract in five counts against a domestic business corporation, as defined in G.… Bradway v. Shattuck Page 168 This case originated in a petition to the Probate Court to have the trust under the will of Frank Wood terminated and its assets distributed.… Roy v. Bacon Page 173 The first count of each declaration in these two actions of tort alleges that on or about June 26, 1943, the plaintiff was “a paying passenger” in an automobile owned and operated by the defendant, and was injured by reason of the defendant’s negligence.… Farris v. Hershfield Page 176 According to the record, this action is now prosecuted to recover for alleged “breach of warranty against encumbrances” in a quitclaim deed (see G.… O'Leary Page 179 The father of David O’Leary, a minor, peti-*180tians that a writ of habeas corpus issue for the son’s release from the custody of the superintendent of the department for defective delinquents at the State farm.… Harrigan v. Marvell Page 185 This is an appeal from a final decree entered upon a bill in equity brought under G.… Wishnewsky v. Town of Saugus Page 191 The first action is in tort by the owner of certain premises located in the defendant town to recover for damage which, he alleged, was caused in the fall of 1945 and the summer of 1946 by the action of the town in collecting surface water from its highways into a drain and discharging the water from this drain in… This is a petition for a writ of certiorari seeking to quash an order1 suspending the petitioner’s license to operate an automobile for a period of seven days.… B. M. C. Durfee Trust Co. v. Taylor Page 201 Walter J. Wixon died on August 13, 1942, *202leaving a will which was duly proved and allowed.… Boyd v. Bartlett Page 206 This is a petition for instructions by the trustees under the will of Sarah W.… Howard v. State Board of Retirement Page 211 The petitioner contends that the Secretary of the Commonwealth has unlawfully attempted to discharge the petitioner from his office as first deputy secretary.… Fortin v. Mayor of Chicopee Page 214 General Laws (Ter. Ed.) c. 41, § 100, as appearing in St. 1945, c.… Damaskinos v. Damaskinos Page 217 This is a libel for an annulment of a marriage brought in the Probate Court.… This is an action of tort for negligence arising out of an accident which occurred on Washington Street, Norwood, on December 21, 1945, at about 3:30 p.m.… Duff v. Town of Southbridge Page 224 This is an action of contract to recover for labor and materials furnished by the plaintiff to the defendant under a written contract.… Smith v. Paquin Page 231 This is an appeal from the allowance of the amended fifth account of Delia F.… In this action of tort, each of the three counts of the declaration alleges that the plaintiff was employed for many years by the defendant as an office and stock record clerk; that due to the negligence of the de-.… Cummings v. Wajda Page 242 This action of summary process was brought in a District Court under G.… 325 Mass. 244 (1950) 90 N.E.2d 320 MILTON WILLIAMS vs. TRUSTEES OF NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.… This is an action of tort against the trustees of the New York, New Haven and Hartford Railroad, who were engaged in managing that railroad.… Murphy v. Killmurray Page 247 When this case was here before (Murphy v. Killmurray, 324 Mass.… O'BRIEN v. Hurley Page 249 This bill in equity alleges that on February 9, 1938, the defendants’ predecessor in title leased to the plaintiff certain premises in Revere for a term of,two *250 years from April 1, 1938; that under the lease the plaintiff had “the right or option of renewal ...… David v. Zilah Page 252 By this bill in equity the plaintiff seeks to establish the indebtedness of the defendant Antone Coury arising out of a loan made to him in 1928, and also his indebtedness and that of the defendant Julia Coury arising out of a judgment obtained against them in 1947.… Reynolds v. Reynolds Page 257 John Reynolds of New Bedford died intestate on August 17, 1946, leaving a widow, who is the petitioner in the first case, and three sons and two daughters by a former marriage.… Bartlett v. Keith Page 265 The plaintiff, a real estate broker, sues for a commission, and sets up a breach of the following alleged exclusive sale agreement: “June 16, 1947, Exclusive sale of property.… Howe v. Attorney General Page 268 The petitioners are the original signers of an initiative petition entitled, “An Act to provide for the establishment, control and regulation of certain state-owned liquor stores, and for the control and regulation of sales of all liquor, wine and malt beverages within the commonwealth.” They now seek a writ of… The town is seeking to enforce against the defendants a provision in its zoning by-laws forbidding the use of “premises” in a “residence A district” “for any purpose except” certain enumerated purposes which do not include use as a gravel pit.… Hind v. DeLong Page 275 Upon a petition for the allowance of an alleged will of Florence H.… Hamilton v. Hamilton Page 278 This libel for divorce alleging cruel and abusive treatment, G.… 325 Mass. 281 (1950) 90 N.E.2d 328 DEPARTMENT OF PUBLIC UTILITIES vs. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY.… This is a petition for a writ of mandamus brought by the department in this court, purportedly under G.… Fernandes v. Medeiros Page 293 This is an action of tort by an invitee of a tenant against a landlord for negligence.… These are appeals from final decrees entered in suits tried together in the Superior Court.… Lawrence H. Oppenheim Co. v. Bloom Page 301 This is a suit in equity under G. L. (Ter.… O'Flaherty's Case Page 303 This is an appeal from a decree of the Superior Court awarding compensation to the widow of an employee for his death resulting from personal injury to him, upon findings of the Industrial Accident Board that his injury and death arose out of and in the course of his employment.… Malignazzi's Case Page 306 The employee on January 12, 1945, received an injury to her left wrist, which arose out of and in the course of her employment by the American Woolen Company.… Gill v. Jakstas Page 309 This is an action of tort for alleged negligence of a landlord.… Jennings v. Murphy Page 314 This is an action of contract to recover one half of a broker’s commission received by the defendant in connection with the sale of a store in the city of Lowell.… Uccello v. Gold'n Foods, Inc. Page 319 This minority stockholder’s bill against a Massachusetts business corporation and three officers and directors seeks damages for mismanagement and restoration of sums paid as salaries to the individual defendants.… On April 14, 1927, Arthur J. Conner, hereinafter called the settlor, executed an indenture of trust with the petitioner wherein the petitioner agreed to hold certain property received by it on the following terms: “1.… Booker v. City of Woburn Page 334 The plaintiffs, regular and permanent members of the fire department of Woburn, on July 15, 1948, brought this bill to obtain a declaration that St. 1947, c.… Leventhal v. Krinsky Page 336 Leventhal, Krinsky, and one Curtin, the president and treasurer of Edwards Trailer & Body Co., Inc., hereinafter called Edwards, entered into an agreement to purchase eighty-three army trailers; Krinsky was to fur-the purchase price; Leventhal was to guarantee Krinsky against loss; Edwards was to sell the trailers… This is an appeal by the plaintiffs from a final decree dismissing as to the defendant corporation a bill in equity brought by the plaintiffs as minority stockholders, and such other stockholders .as might become parties, against the corporation, a majority of its directors, and certain other officers, to compel the… Sher v. Sandler Page 348 The plaintiff seeks by this bill in equity to rescind the sale to the defendant Sandler (hereinafter called the defendant) of one hundred twenty-five shares of stock *350 in the New England Investment Corporation alleged to have been induced by the defendant’s fraud and by the violation of his duty to disclose to the… Paltsios's Case Page 356 The principal question in this case is whether *357the employee is entitled to double compensation under G.… The plaintiff recovered a verdict for the death of his intestate which occurred a little after four .… Condon v. Haitsma Page 371 This is an appeal by the administrator with the will annexed of the estate not already administered of John C.… Bennett v. Marquis Page 375 The plaintiff’s intestate was shot through the head and killed at about noontime on a clear and pleasant day in December, 1945, while he was deer hunting with others, including the defendant, in Ashby.… Berman v. Geller Page 377 The parties were dealers in real estate. The plaintiff owned a parcel of land which the defendant desired to buy.… McHale v. Treworgy Page 381 This is a suit in equity by which the plaintiffs seek to compel the defendants to remove certain struc- *382 turcs and installations which they allege encroach and trespass on their land in Billerica, and to establish a division line between their land and the land of the defendants adjoining.… This is an appeal by an insurance company incorporated in California and doing a fire and marine business in this Commonwealth from a decision of the Appellate Tax Board, refusing abatement in part of an excise tax as *387 sessed upon the appellant by the commissioner of corporations and taxation under G.… O'REGAN v. Verrochi Page 391 The plaintiffs have obtained verdicts in their favor in these actions of tort brought to recover for damage to property owned by them as tenants in common which was alleged to have been caused by four blasts conducted by the defendant on the afternoon of February 20, 1945, in removing a large boulder, fourteen to… Laskowski v. Manning Page 393 The plaintiff, on February 5, 1942, was hurt in a fall on ice on the sidewalk on Anawan Street near the corner of Union Street, Fall River, and brings these two actions of tort, one against the lessees (hereinafter called the Mannings) of a portion of a .building adjacent to the *396 sidewalk and the other against the… Town of Dartmouth v. Silva Page 401 The town of Dartmouth alleges in its bill that the defendants have wrongfully filled in the bed of a natural stream so as to obstruct and divert its flow.… These are two petitions for writs of review of judgments entered in a District Court.… Johnson v. Assessors of Springfield Page 416 This is an appeal by the taxpayer from a decision of the Appellate Tax Board sustaining the denial by the assessors of the city of Springfield of the taxpayer’s application for abatement of a tax assessed as of January 1, 1948, on eleven automobiles owned or controlled by the taxpayer, a dealer in automobiles on that… The female plaintiff, hereinafter called the plaintiff, was struck and injured by a baseball while attending a game at the defendant’s baseball park, and out of that incident these two actions of tort arose.… LaChance v. Rigoli Page 425 In this suit in equity the facts have been found by a master appointed by the Superior Court.… Goldstein v. Katz Page 428 This is an action of contract to recover a balance of $69 for moneys lent, now admitted by the defendant to be due.… LeBlanc v. Coombes Page 431 This is an appeal from an order of the Probate Court denying a motion to frame issues for trial by jury as to the lawful execution of the will of one Catherine M.… Balzarini v. Welch Page 434 This is an' action of contract to recover the price of merchandise sold by the plaintiff to the defendant.… Pappone v. Masters Page 437 The bill alleges that the plaintiffs and the defendant entered into an agreement in writing by which the plaintiffs were to sell and the defendant was to purchase an ice cream business in Somerville; that the defendant was to assume a $4,000 personal property mortgage which the plaintiffs had previously given to The… This is a suit in equity by a fraternal benefit, corporation against a former financial secretary of St. Valerian Court No. Ill, a subordinate lodge or court of the plaintiff, for an accounting of moneys collected and received by her from the members of said court during the period while she was acting as such officer.… This is a petition filed by the trustees under the will of Harry Blank seeking instructions respecting to whom and in what proportions the principal and undistributed income of a trust created by his will should be paid.… O'BRIEN v. Boston & Maine Railroad Page 451 These are two actions of tort to recover for personal injuries and property damage arising out of a collision between the defendant’s train and an automobile truck operated by O’Brien and owned by Liberty Liquors Inc., as the truck was being driven over a private crossing in Holyoke shortly after one o’clock on the… National Shawmut Bank v. Cumming Page 457 The plaintiff bank is the surviving trustee under a declaration of trust, dated August 25, 1944, in which the bank and the settlor, William Gray Cumming, of Barre, Vermont, were named as trustees.… Golding v. 108 Longwood Avenue, Inc. Page 465 This is a bill in equity to rescind a lease of an apartment in a building in the course of construction, because the rooms were smaller than represented, and to recover an advance payment of rent.… This is a bill in equity for declaratory relief brought by the executor of the will of Guy L.… Galjaard v. Day Page 475 The plaintiff was a tenant at will of the defendants in a tenement on premises in Lexington owned by the defendants and “occupied” by the plaintiff and the defendants.… This is an action of tort for personal injuries, brought by an employee twenty years old against his employer, for injuries received on March 5, 1945, at the North Station in Boston.… Brown v. A. W. Perry Co. Page 479 The defendant controlled a building on Bed-ford Street in Boston and the elevators therein.… Selectmen of Brookline v. Allen Page 482 This bill in equity seeks, primarily, a binding declaration, G.… Silke v. Silke Page 487 These are two appeals, one by the libellant from a decree of the Probate Court dismissing a libel charging his wife with adultery, and a second from a decree granting his wife’s petition for separate support, awarding her the custody of two minor children, and ordering him to pay her a weekly allowance.… Connors v. Town of Burlington Page 494 This is a petition to the Land Court under G.… Akasu v. Power Page 497 This is an appeal by the defendant from a decree enjoining him from using a right of way over land of the plaintiff on the ground that the right to use the way has terminated.… Rotondi v. Rotondi Page 503 Rotondi died intestate on July 29, 1947, survived by a widow and four minor children.… Black v. Boston Consolidated Gas Co. Page 505 Frederick H. Black, as. administrator of the estate of his father, Harvey D.… Commonwealth v. McCann Page 510 The defendant, who was twenty-three years of age, was convicted of murder in the first degree of a nine year old girl.… Lambert's Case Page 516 The principal question is that of liability between two insurers.… Commonwealth v. Carpenter Page 519 The complaint charges that at Boston on September 1, 1948, the defendant “did wilfully and unreasonably saunter and loiter in a certain public street .… Barow v. Modoono Page 522 On December 16, 1945, shortly after 2 a.m.… O'Leary v. Hayden Page 525 This is an action of contract or tort brought by two plaintiffs to recover damages caused by the defective construction of two houses purchased separately by them from the defendant.… Fisher School v. Assessors of Boston Page 529 These are three appeals from decisions of the Appellate Tax Board sustaining the refusal of the assessors to abate taxes for the years 1945, 1946, and 1947 on real estate owned by the appellant.… This petition for a writ of certiorari purports to be brought by Russell Box Company, which however insists upon its right to maintain that it has been dissolved, and by a number of individuals who assert that they were all of the stockholders, officers and directors of Russell Box Company at the time of its… Drake v. Sweet Page 542 In this action of contract for a broker’s commission the plaintiff had a verdict, which was recorded under leave reserved.… Hiller v. Submarine Signal Co. Page 546 This is a bill in equity for an accounting of commissions alleged to be due the plaintiff as sales representative of the defendant, a corporation engaged in the manufacture and sale of maritime apparatus and equipment.… Nunan v. Dudley Properties, Inc. Page 551 This is an action of tort for personal injuries.… Kerr v. Palmieri Page 554 This is an action of tort to recover for personal injuries and property damage arising out of a collision between an automobile owned by the plaintiff and one owned and operated by the defendant.… The plaintiff, a. patron of the defendant’s theatre, was hurt in a fall in the lobby.… Collins v. Selectmen of Brookline Page 562 This is a petition for a writ of certiorari brought against the selectmen of Brookline to quash proceedings resulting in the removal on June 15, 1949, of the petitioner as a member of the Brookline Housing Authority, to which office he had been elected by the voters of the town on March 8, 1949, for the term of two… Allied Freightways, Inc., hereinafter called Allied, is in receivership in the Superior Court in this suit.… O'Brien v. O'Brien Page 573 Material facts are as follows. On February 1, 1930, the respondent married the petitioner and there was one son born of this marriage.… Broderick v. Broderick Page 579 This is a suit in equity whereby the plaintiff seeks the cancellation and delivery up of a promissory note and the discharge of an accompanying mortgage of real estate, purported to have been given as security for the payment of the note, on the ground that they were given without consideration.… Aragona v. Parrella Page 583 This action of tort is here on the plaintiffs’ exception to the direction by the judge of a verdict for the defendant after the opening statement of counsel for the plaintiffs.… Black v. Dobbins Page 587 This is an appeal from a decree of the Probate Court appointing Louis H.… Maguire v. Haddad Page 590 This is an action of summary process under G.… Hacker v. Beck Page 594 These are three separate actions of tort for deceit to recover damages from each of the defendants.… This is a bill in equity for declaratory relief under G.… Noyes v. Shanahan Page 601 This action of tort was brought by the plain- ■ tiff’s intestate, hereinafter called the plaintiff, in his lifetime, in two counts.… McCue v. Director of Civil Service Page 605 This is a petition for a writ of certiorari brought against the director of civil service and the civil service commissioners.… Rugo v. Rugo Page 612 This is a bill in equity to establish a trust of personal property in the possession of the defendant Guido L.… Town House Inc. of Boston v. Hurley Page 621 This is a bill in equity brought against certain officers as representatives of the members of a trade union known as Bartenders’ and Hotel Employees’ Local #34 of Hotel and Restaurant Employees’ International Alii- *622 anee and Bartenders’ International League of America, A.… Johnson v. Favazza Page 627 The principal objectives of this bill in equity are to enjoin the foreclosure of a chattel mortgage, and to cancel the mortgage and the note which it secured.… Allied Freightways, Inc. v. Cholfin Page 630 The plaintiff by its receivers brings this bill in equity against the defendants Isadore and Sarah Cholfin, two of its directors, to establish their liability for the alleged mismanagement of the corporation, especially in the disbursement of corporate funds for their personal benefit and in causing and permitting the… Town of Wayland v. Lee Page 637 This bill is brought to enforce the town’s zoning by-law by restraining the defendants from removing for sale sod, loam, sand and gravel from a tract of land located in the plaintiff town.… The object of this suit in equity, originally brought in this court, is to determine the ownership of a parcel of land in Woburn and the persons entitled to share in the proceeds of its sale by a receiver.… Pierce's Case Page 649 The employee suffered a back strain on June 26, 1945, which interrupted his work for a short period, for which he was paid workmen’s compensation.… This is an appeal under G. L. (Ter. Ed.) c.… This is a petition by New England Peabody Home for Crippled Children for revocation of a decree of the Probate Court allowing the first and final account of the surviving trustees under clause “1” of the will of Robert Luce, late of Waltham.… Davis v. Kessler Page 669 This is an action of contract by a real estate broker to recover a commission for procuring a customer for real estate in Boston owned by the defendant.… This is a petition for a writ of review under G.… The plaintiff, an insurance company, issued two workmen’s compensation policies 1 to the defendant.… In this action for breach of a contract of insurance contained in a “manufacturers’ and contractors’ liability policy,” there was a finding for the defendant, the Appellate Division dismissed a report, and the plaintiff appealed.… This is a petition filed October 17, 1949, by eighteen residents of Newton, owning residential property near the property of Beacon Construction Company, for a writ of mandamus.… Stoltz's Case Page 692 On this record this is a conflict between two insurers.… Watts v. Rhodes Page 697 On January 3, 1948, the body of the father of the original plaintiff Charles Watts (who died on December 1, 1949, and whose administratrix now prosecutes this action) was lying, for the purposes of a wake and a funeral, at the funeral home operated by the defendants in Lynn.… Bursey's Case Page 702 On June 17,1941, the employee, then nearly twenty-two years of age, sustained a head injury while engaged in work as a laborer.… Tocci v. Lembo Page 707 This is an action of contract to recover a balance alleged to be due for labor and materials furnished in the erection of a house for the defendants on their land in Newton.… This is an appeal by the respondent from a decision of the Municipal Court of the City of Boston which reversed a decision of the board of review in the division of employment security denying unemployment benefits under the employment security law.… McKellar v. Hazen Page 714 In this suit the plaintiff alleges that on or about September 1, 1935, he entered into an oral agreement with Robert M.… Cantor v. Cantor Page 719 This is a suit originally begun by a husband against his wife, in which he seeks to establish, by way of resulting trust, his ownership of certain real estate at 4 Francis Avenue, Cambridge, and of the household furniture and other personal property therein, and also of the household furniture and other personal… Fucillo v. Fucillo Page 723 This is a suit in equity to enforce an oral trust in certain personal property, which the plaintiff alleges was set up by her deceased husband for her benefit and that of his mother.… Boltz v. Boltz Page 726 The first case is a petition to the Probate Court, filed December 23, 1947, alleging cruel and abusive treatment on the part of the respondent husband, and praying for separate support.… This bill in equity by inhabitants and voters of the city of Boston, twelve in number, 1 against the metropolitan district commission, The Wes Julian Construction Corporation, and the city of Boston, prays that “the court *732 declare that it is unlawful” 'that certain park land be used for a public way until the… Benton v. Benton Page 736 This is an appeal from a decree dismissing a libel for divorce which alleged cruel and abusive treatment.… Welker v. Welker Page 738 These are appeals from a decree of the Probate Court, entered upon a petition brought under G.… Swartz v. Clayton Page 747 This is a bill in equity, filed on March 4, 1949, to reach and apply real and personal property equitably owned by the defendant Edward Clayton which stands in the names of other defendants, to the satisfaction of an unsatisfied judgment for $900, against said defendant, rendered on Juné 29, 1931, with interest from… 325 Mass. 748 (1950) 92 N.E.2d 579 WORCESTER COUNTY TRUST COMPANY, trustee, vs. GRAND KNIGHT OF THE KNIGHTS OF COLUMBUS & others.… This is a petition for instructions by the Worcester County Trust Company, trustee under two trusts created by instruments executed by the Reverend John F.… Gabriel's Case Page 756 Decree affirmed. The employee, who has been paid compensation for injuries arising out of and in the course of his employment, seeks double compensation, contending that he was injured by reason of the serious and wilful misconduct of the employer.… Nott v. Nott Page 756 Decree affirmed. This petition in equity by a husband against his wife seeks an order awarding him ownership of a joint savings bank account and requiring the respondent to deliver to him certain United States government savings bonds.… Briggs v. Larson Page 757 Decree affirmed with costs. This suit and a companion suit1 were brought by the special administrator of the estate of John Benson, late of Attleboro, to set aside certain transfers of property made by Benson during his lifetime.… Bowman v. Bowman Page 757 Decree affirmed. Erom a decree of the Probate Court dismissing his libel for a decree of nullity of his marriage to the libellee on the ground that the libellee, at the time of their marriage, was insane or incapable of marrying by reason of G.… Commonwealth v. Knights Page 758 Exceptions overruled. The defendant’s exceptions are to the denial of his motions to continue for trial indictments charging him, in three with sodomy and in one with gross lewdness.… Order dismissing report affirmed. This action of contract was brought in a District Court to recover compensation for injuries alleged to have been sustained by the plaintiff by reason of the explosion of a bottle of pepsi-cola which the plaintiff had purchased from the defendant, tile action is based upon a breach of… Krauthamer v. Gorfinkle Page 758 Decree affirmed. The plaintiff seeks to establish against his former wife a resulting trust in her interest in a piece of residential property which was purchased during the marriage.… Lee v. O'Donoghue Page 759 Appeal dismissed. This is an appeal from a final decree after rescript accompanying an order dismissing an earlier appeal of the defendant for failure to prosecute.… White v. Shulman Page 759 Order sustaining demurrer affirmed. None of the counts in the plaintiffs’ declaration as a whole complies with the requirements of G.… Jackson v. Homer Page 759 O.rder denying jury issue affirmed. This is an appeal from an order of the Probate Court in the matter of the alleged will of Hervey W.… Decision of District Court dismissing the petition affirmed.… Clark v. Clark Page 760 Appeal dismissed. This is a libel brought in the Probate Court seeldng a divorce on the ground of adultery.… Exceptions overruled. This is an action of tort in which the plaintiff seeks to recover for injuries received while a passenger on a street car of the defendant.… Souza v. Souza Page 761 Appeals from denial of motions dismissed.… Bingham v. Colson Page 761 Exceptions overruled. This is an action of contract to recover three months’ rent under a written lease of a furnished house in South Lincoln.… Bennett v. Lodgen's Market, Inc. Page 762 Order for judgment affirmed. Bennett appeals under G.… Kenney v. Balch Page 762 Decree affirmed. This is an appeal by Robert L.… McCormack v. Ruby Constance Castings Page 763 Decree affirmed. This is an appeal from a decree of the Probate Court refusing to admit to probate, because found not to be legally executed, an instrument purporting to be the last will and testament of John Barrett, late of Malden, which purports to have been executed in England on July 9, 1940.… Rager v. Cardiff Page 764 Order affirmed. This is an appeal from an order of the Probate Court in the matter of the alleged will of Louise Saylor Freeman, late of Newton — made upon the motion of certain next of kin of the deceased —• framing an issue for submission to a jury as to fraud and undue influence of Lee Saylor Rager.… Capaldo v. Connolly Page 764 Decree affirmed. The plaintiff and the defendants were partners in the operation of a greenhouse.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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