Index

Annual Survey of Massachusetts Law

Volume 1957

Article 40

1-1-1957

Index

Boston College Annual Survey of Massachusetts Law

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INDEX

[References are to sections]

ADMINISTRATION OF JUSTICE

auditors in motor tort cases, 34.3 Boston Municipal Court. See

Mu-nicipal Court, City of Boston District Courts. See District Courts dockets, effect of Fielding Act on,

34.3; 34.4

Executive Secretary of Supreme Judicial Court, report of, 34.6 judicial pensions, amendment to,

34.5

Probate Court. See Probate Court Superior Court. See Superior Court Supreme Judicial Court. See

Su-preme Judicial Court Administrative law

agencies' decisions, necessity of stat-ing reasons for, 24.6

alcoholic beverages licenses, con-stitutionality of delegation of legislative power to grant, 24.5 hearing officer, effect of death be-fore rendering decision, 24.7 judicial review

adjudicatory proceedings, 24.2 status of administrative

regula-tions on, 33.1 licenses

extension until final determina-tion by agency, 24.3

notice of hearing, sufficiency of, 24.7; 29.8

renewals, right to hearing, 24.3 State Ballot Law Commissions,

prompt review of decisions of, 24.4

workmen's compensation. See

Workmen's compensation zoning. See Zoning

Administrative Procedure Act case law, lack of, 24.1 existing laws, effect on, 24.4

judicial review, procedure for, 24.2 subsequent legislation as affecting

applicability of, 24.4

State Ballot Laws Commission's de-cisions, prompt review of, 24.4 Adoption

certificate, issuance to adopting parents, 19.9

direct appeal to Probate Court, for refusal of, 19.9

papers, segregation and right of in-spection of, 19.9

Agency

borrowed servant, "control" creat-ing relationship of, 17.1 independent contractor as agent,

17.2

relationship of, arising out of tenancies, 17.3

Aliens, registration as pharmacists and veterinarians, 31.4 Alimony, factors determining amount

of, 19.5 Animals

dogs, licensing of, 31.5

experimentation, limitations on, 31.5

Attorneys

debt pooling plans as practice of law, 22.3

fees, probate, allowance of out of estate, 12.4

Automobile insurance

cancellation, juvenile motor vehi-cle offenses, 28.6

premium rates

determination by Commissioner of Insurance, 28.-4:

reliance on speeded-up court dockets improper, 28.4 state vehicles, statutory indemnity

coverage on, 28.7

276

[References are to sections]

BANKING. See also Uniform Commer-cial Code

bank books, exculpatory provisions in, 14.5; 18.3

interest on deposits, non-taxability of, 27.3

Bills and notes

acceleration clause in mortgage note, 18.2; 20.2

Uniform Commercial Code. See Uniform Commercial Code Boston Common Garage Authority,

establishment of, 29.1

Bulk sales. See Uniform Commercial Code

COMMERCIAL LAW

conditional sales. See Conditional sales

mortgages. See Mortgages

Uniform Commercial Code. See Uniform Commercial Code Commission Against Discrimination,

22.5 Conditional sales

contract

attorney's fees and costs as re-possession expense, 18.5 vendor's security interest, 18.5 foreign agreement, law governing

validity, 21.3

recording under foreign statute, 18.4

repossession expenses, liability of defaulting vendee, 18.5 Conflict of laws

conditional sales agreements, 18.4; 21.3

foreign recording statute, interpre-tation of, 18.4

support, 19.7; 21.1; 21.4 Constitutional law

counsel, right to, 23.2

delegation of legislative power, al-coholic beverage licenses, 24.5 due process of law

absence of counsel during closing argument not violation of, 23.2 assistance of counsel as affecting,

23.2

confession, securing of, 23.1

contempt conviction, 22.4 eminent domain, damage to

pri-vate property incident to con-struction of a public work, 22.1

entry on land of another, court order permitting, 32.1

full faith and credit to statutes of another state, 21.2

police power, statute invalidating debt pooling plans, 22.3 separation of powers. See

Separa-tion of powers

special commissions, privilege in hearings before, 29.12

standing of parties in constitu-tional litigation, 22.3

wire tapping, advisory opinion on, 22.6

Contempt, summary conviction of, 22.4

Contracts. See also Restitution; Uni-form Commercial Code architect's approval of subcontract,

requirement of, 14.3

bank books, provisions in, 14.5; 18.3

competition, covenant restricting, 15.2

condition precedent, architect's ap-proval as, 14.3

conditional sale. See Conditional sales

corporations, defense of ultra vires, 16.1

damages, liquidated, acceleration of mortgage note, 18.2. See also Uniform Commercial Code documents of identification,

bind-ing effect of, 14.5

foreign, jurisdiction to enforce, 21.2

insurance, workmen's compensa-tion, amendment in statutory provisions for, 30.4

labor, collective bargaining, en-forcement in federal courts, 25.1

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[References are to sections]

ing to impossibility of per-formance, 14.2

option to renew lease, 11.1 performance, impossibility of,

re-covery for loss due to, 14.2 public buildings, award period to

lowest bidder shortened, 29.5 reimbursement contract, 14.4 Statute of Frauds, recovery of

bene-fit conferred, 14.1 Conveyancing

marketability of title, effect of ob-solete mortgages, 11.6 purchase and sale agreement,

pur-chaser's election to accept vendor's title, effect of pro-vision for, 11.5

"straw," conveyance to, as resulting trust, 12.6

Corporate taxation

abatement, application for, time of filing, 27.13

capital stock, evaluation of, 27.12 gross receipts from interstate

com-merce, 22.2; 27.10

liquidation, gains on sale of assets, 27.13

net income as measure of tax, cor-poration engaged in interstate commerce, 22.2; 27.10

proration of tax for short taxable year, 27.11

railroad corporation, leased assets, 27.13

return, excise tax, time of filing, 27.13

temporary taxes, extension of, 27.13

Corporations contracts, 16.1

payment of another's debt, when permissible, 16.1

stockholders' right to inspect rec-ords, 16.2

Criminal law and procedure blood tests, court's power to

re-quire, 23.4 confession

admissibility of, 23.1

psychiatrist's testimony deter-mining validity of, 33.4

counsel, non-capital cases, 23.2 fair trial, in absence of assistance

of counsel, 23.2

non-support proceeding, admissi-bility of blood tests in, 23.4 plea of guilty

admissibility as admission, 23.3 right of withdrawal in Superior

Court, 23.3

presentment, right of arrested per-son to, 23.1

previous identification by witness, admissibility of, 23.4

DEBT POOLING PLAN, VALIDITY OF,

22.3 Declaratory relief

arbitration clause, collective agree-ment, state jurisdiction, 25.2 land contracts, adjudicating right

to specific performance, 15.1 standing of parties in

constitu-tional litigation, 22.3

Defamation, radio and television op-erator's liability for, 13.6 Department of Mental Health, sex

offenders treatment center, 31.9

Department of Public Health. See

Public health

Department of Public Works, author-ity to remove vehicles from highways, 29.3

Discovery, 32.1

Discrimination, Commission Against, 22.5

District Courts

justices, use in Superior Court, 34.3 ratio of trials to entries, decrease

in, 34.4 six-man juries, 34.4 statistics, 34.4 Divorce

foreign, ex parte, effect on obliga-tions to support, 21.4 husband's right to tort recovery

for wrongful enticement as affected by, 19.3

libel for adultery, effect of, on prior separation decree for de-sertion, 19.2

278

[References are to sections]

EDUCATION

medical X-ray technicians, state approval of training schools for, 31.4

teachers

compensation of, 25.3; 29.2 right to inspect records of own

work, 29.2 Eminent domain

appraisal of business land, expert witnesses for, qualifications, 11.4

compensable "taking," what con-stitutes, 22.1

injury to property not taken, sta-tutory relief for, 29.7

land damage, factors determining, in property adapted for spe-cialized use, 11.4

special commission, proposal for, 11.4

Equity

bill for discovery, 32.1

covenant restricting competition in contract for sale of business, effect of, 15.2

injunctive relief. See Injunctions jurisdiction, suits between husband and wife, 15.4; 19.4. See also Probate Court

misrepresentation, 13.5

rescission, relief for without full restoration, 15.5

restitution cases, 14,1; 15.5 specific performance. See Specific

performance unjust enrichment, 14.1 Estates

account, duty of administration, 12.3

allowance to widow pending dis-tribution, finality of, 12.2 attorney's fees as payable out of,

12.4

intestate distribution to widow, time of determining amount of, 12.1

Evidence

admission, original plea of guilty as, 23.8

burden of proof, stockholder's

in-spection of corporate records, motive and purpose of, 16.2 cause of death, 33.3

circumstantial, 33.8 confession

admissibility of, when obtained during prolonged detention, 23.1

psychiatrist's testimony determin-ing validity of, 33.4

"due proof," what constitutes, 33.3 expert testimony

discretion of trial court, 33.4 parentage in support proceeding,

19.6

witness, qualifications, 11.4; 33.4 hearsay, sale price of comparable

land, 33.6

hypothetical questions, 33.4 inferences, opposing, effect of, 33.3 judicial notice. See Judicial notice juvenile motor vehicle offenses as, for cancellation of automobile insurance, 28.6

land damage, proof of, 11.4; 33.6 opinion, expert. See expert

tes-timony, supra

parol, admissibility of in constru-ing bill of sale of business, 11.1 presumptions

death as non-suicidal, 33.3 gift, payment by husband for

transfer to wife, 12.5 "heart law," 33.3

legitimacy of children, blood tests rebutting, 23.4

persons notified of zoning hear-ing as "persons aggrieved," 33.3 prima facie evidence, death

certi-ficate, 33.3

witness, previous identification by, 23.4; 33.5

Expert testimony. See Evidence, ex-pert testimony

FULL FAITH AND CREDIT, STATUTORY LAW OF ANOTHER STATE, 21.2

Future interests

gift to class, doctrine of severable shares, 12.7

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INDEX

279

[References are to sections]

GROUP INSURANCE, MUNICIPALITIES AUTHORIZED TO PURCHASE, 28.5 Guardian, right to use funds of ward for support of ward's parents, 19.1

HEALTH, WELFARE AND RETIREMENT FUNDS BOARD, ESTABLISHMENT

OF, 25.3

Hospitals, admission requirements,

31.7

Husband and wife divorce. See Divorce

equitable jurisdiction of suits be-tween, 15.4. See also Probate Court

resulting trust between, 12.5 widow's intestate share, 12.2

INDEPENDENT CONTRACTOR

landowner's duty of care to, 13.3 negligence of, owner's liability for,

13.1; 17.2 Inheritance tax

lien on realty for, 11.6; 27.14 temporary surtax, extension of,

27.14

tenancy by the entirety, 27.14 time for payment of, 27.14 Injunctions

anti-injunction act, interpretation of, 25.2

labor activities. 25.1

standing of parties in constitu-tional litigation, 22.3

unfair competition, 15.2 Insurance

agent, deceased, widow authorized to continue agency, 28.8 automobile insurance. See

Auto-mobile insurance group insurance, 28.5 liability insurance, 28.3 life insurance, 28.1; 33.3

medical service plans, coverage of handicapped children under, 28.5

policy provisions

conditions precedent or subse-quent, 28.2

construction of, 28.1

proof of loss, sufficiency of, 28.1 workmen's compensation. See

Workmen's compensation Insurance companies

foreign, tax exemption for, 28.8 investments, 28.7

nuclear energy hazards policies au-thorized, 28.5

statute of limitations in workmen's compensation cases, 28.3 Intestacy, widow's share, time of

de-termination of, 12.1

JOINT TENANCY, CONVEYANCE IN AS EQUITABLE MORTGAGE, 20.1

Judicial notice domestic law, 33.1 foreign law, 33.1

expert witness, qualifications of, 33.4

regulations of administrative agen-cies, 33.1

Judicial powers. See Separation of powers

LABOR LAW

arbitration

expert assistants in, pay increase, 25.3

state jurisdiction to declare em-ployees' right to, 25.2

collective agreements, enforcement of in federal courts, 25.1 employee benefits, state regulation

of, 25.3 injunctions, 25.1

jurisdiction of state, 25.1; 25.2 labor dispute, existence of, under

state anti-injunction act, 25.2 legislative commissions,

establish-ment of, 25.3

minimum wage law, amendments to, 25.3

minors, suspension of labor laws relating to, 25.3

picketing, peaceful, exclusive fed-eral jurisdiction of, 25.1 teachers, minimum wage increase,

25.3; 29.2

280

[References are to sections]

Labor law (continued)

unemployment compensation bene-fits increased, 25.3

Uniform Arbitration Act, defeat of, 25.3

Landlord and tenant

covenant against assignment or subletting, breach of, 11.1 invitee

injury on premises, liability for, 13.3

negligence of, liability for, 13.1 option to renew, inclusion of

fur-ther option, 11.1

publicly assisted housing accom-modations, discrimination in tenant selection, 22.5

rental income, taxability of, 27.2 tenancy at will, creation of by use

of leased premises, 11.1 Letter of credit, action for deceit on,

13.5. See also Uniform

Com-mercial Code

Liability insurance, limitation on in-surer's right of action, 28.3 Life insurance

policy provisions, conditions prece-dent or subsequent, 28.2 proof of death, form and purpose

of, 28.1; 33.3

MASSACHUSETTS LABOR RELATIONS COMMISSION, LIMITATIONS ON EFFECTIVENESS OF, 25.3 Medicine

animal experimentation act, pro-visions of, 31.5

kidney transplant between twins, consent required for, 31.6 narcotic patient, requirement of

attending physician to report name of, 31.1

operation, necessity for, as element of court approval of, 31.6 Mental Health, Department of, sex

offenders treatment center, 31.9

Minors

consent to medical operation, 31.6 labor laws concerning, suspension

of, 25.3

motor vehicle offenses of, as evi-dence for cancellation of auto-mobile insurance, 28.6 Uniform Gifts to Minors Act, 12.10 workmen's compensation, right to

double compensation, 30.2 Mortgages

acceleration clause, effect of, 18.2; 20.2

equitable, absolute deed or convey-ance in joint tenancy as, 20.1 obsolete, effect on marketability of

realty, 11.6 Motor vehicles

common carriers

annual financial returns, 26.8 use of new highways under

cer-tificate, 26.8

insurance. See Automobile

insur-ance

tort actions, Fielding Act, 34.3 Municipal Court of th(~ City of

Boston

jurisdiction in appeals for Indus-trial Accident Board, 30.8 statistics, 34.4

Municipal employees group insurance for, 28.5

police officer incapacitated for duty, right to wages, 29.11 Municipal government

expenditure by town, necessity of appropriation, 29.9

housing and redevelopment proj-ects, authorized indebtedness, 29.4

licenses, notice of hearing, 29.8 proposed by-law, power of

Attor-ney General to disapprove, 11.2

redevelopment areas, "blighted open area" redefined, 29.4 Redevelopment Authority,

estab-lished in Boston, 29.4 zoning. See Zoning

NARCOTICS, CONTROL OF, 31.1

OLD AGE ASSISTANCE

income of children as affecting

INDEX

281

[References are to sections]

aged person's eligibility for, 19.8

support of parents by children, amendment of law concerning, 31.11

PAROL EVIDENCE, CONSTRUCTION OF

BILL OF SALE OF BUSINESS, 11.1

Personal income taxation

abatement, application for, time of filing, 27.9

automobile installment sales obli-gations, 27.2

basis for determining gain or loss, 27.4

business income, 27.2 credits, 27.6

deductions and exemptions, 27.6 employer-employee compensation,

27.2

fellowships and scholarships, 27.2 gains, sales of realty and tangible personalty, taxability of, 27.3 interest on bank deposits, 27.3 joint return, year of death of

spouse, 27.9 nonresidents, 27.8

part-time residents, determination of income exemption, 27.7 rental income, 27.2

returns, whole dollar method used on, 27.9

social security payments to surviv-ing relatives, 27.2

stock dividends, 27.5

tax table, short form, Commis-sioner's authority to change, 27.9

trusts, income accumulated for un-ascertained persons, 27.9 Probate Court

adoptions, appeal from refusal of, 19.9

equity jurisdiction, husband and wife, 19.4

foreign settlement agreement, juris-diction to enforce, 21.2 widow's allowance, power to

deter-mine, or to revoke or vacate decree, 12.2

Public employees. See also

Munic-ipal employees; State employ-ees

disability retirement, certificate of medical panel as condition precedent to, 33.3

food and drug inspectors, auth9r-ity of, 31.1

group insurance for, 28.5

"heart law," statutory presumption, 33.3

police officer incapacitated for duty, right to wages during period, 29.11

teachers

compensation of, 25.3; 29.2 right to inspect records of own

work, 29.2 Public health

Department of Public Health, au-thority to establish sanitary code, 31.8

hospitals, admission requirements, 31.7

narcotics, control of manufacture, sale and use of, 31.1

nurses, licensing of, 31.2

physicians, foreign-trained, regis-tration of, 31.4

sanitarians of health departments, registration of, 31.3

sex offenders, requirement of treat-ment center for, 31.9

technicians, X-ray, state approval of training schools for, 31.4 veterinarians, foreign, registration

of, 31.4 Public utilities

electric companies, rates, 26.3 gas companies, rates, 26.2

passenger transportation agencies centralized traffic control,

ap-proval of, 26.6 increase in fares, 26.4

railroad corporation, taxes, on assets leased, 27.13

railroad crossings, protection at, 13.2; 26.6

railroad drawbridges, relief of duty of care with respect to, 26.11

railroad service curtailment,

282

[Refeunces are to sections]

Public utilities (continued)

prior Department approval re-quired, 26.11

service, curtailment of to reduce operating losses, 26.5

train crew, requirement for in yard switching, 26.10

security issues, exemptions from re-quirement of sale under com-petitive bidding, 26.7

taxation, amortization and depre-ciation accounting, 26.9 telephone companies

rate structure, investigation of, 26.13

telephone directories, right to control use of, 26.1

water companies

customer's water supply, right to shut off for non-payment of charges, 26.12

increase in rates, 26.2 Public welfare

adoptions, appeal from refusal by Department of Public Welfare,

19.9

children, dependent, broadening of aid to, 31.10

health and welfare funds, employ-ees, state regulation of, 25.3 old age assistance. See Old age

assistance

REAL ESTATE BROKERS

extent of authority, purchaser's no-tice of, 17.5

licensing of, 11.6

right to commission, 17.4 Real property

brokers. See Real estate brokers dower and curtesy rights, failure

of attempt to limit to land owned by decedent at death, 11.6

eminent domain. See Eminent domain

entry on land of another, consti-tutionality of court order per-mitting, 32.1

gift of, to town, construction of, 29.10

land damage suit, disability to test zoning ordinances in, 29.6 mortgages. See Mortgages purchaser, election to accept

ven-dor's title, effect of contract provision for, 11.5

tenancies, agency relationship in, 17.3

zoning. See Zoning

Recording, foreign statute, failure to record, 18.4

Restitution

impossibility of performance of contract due to promisor's neg-ligence, recovery in, 14.2 labor and materials, recovery for,

14.1

ultra vires corporate contract, re-covery on theory of, 16.1 unjust enrichment

measure of damages, 14.1 recovery for, conduct

"tanta-mount to fraud," 14.1

SALES. See Conditional Sales; Uni-form Commercial Code Securities. See also Uniform

Com-mercial Code

Boston Common Garage Authority, nature of bonds of, 29.1 gift of, to minors, 12.10

insurance companies, allowable in-vestments, 28.7

public utilities, exemption from sale by competitive bidding, 26.7

Security

conditional sales contract. See Con-ditional sales

mortgages. See Mortgages pledgee's duty regarding, 20.3 Separation of powers

judicial powers

authorization of wire taps, 22.6 power to determine who may

practice law, 22.3 Specific performance

foreign contract, 21.2

granting of, in absence of special circumstances, 15.1

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INDEX

283

[Relerences Qre to sections]

upon purchaser's election to accept vendor's title, 11.5 option to renew lease, 11.1 State employees. See Public

employ-ees State government

Boston Common Garage Author-ity, creation and powers of, 29.1

Department of Labor and Indus-tries, enforcement powers of, 29.5

eminent domain. See Eminent domain

highways, authority of Department of Public Works to remove vehicles from, 29.3

special commission, privilege against self-incrimination in hearing before, 29.12

Statute of Frauds

conveyance to "straw," effect upon, 12.6

land contract void under, recov-ery of benefit conferred, 14.1 Subcontractors, public buildings,

fin-ishing of materials by, 29.5 Superior Court

Assignment Session, function of, 34.3

auditors in motor tort cases, 34.3 disposal of cases, increase in, 34.3 District Court justices, use in motor

tort cases, 34.3

equity jurisdiction, non-divorce suits between husband and wife, 15.4

guilty plea entered in District Court, right to withdraw, 23.3 jury trials, average waiting period

for, 34.3 Rule 86, 34.3 statistics, 34.3

testimony before special commis-sions, power to compel, 29.12 Support

conflict of laws, 19.7; 21.1; 21.4 custody of children in another

person, 19.7

disabled person, provisions for, 19.8

enforcement of, under Uniform Enforcement of Support Act, 19.7

parentage, determination of, in determining obligation to, 19.6 penalty for failure of, 19.6 Supreme Judicial Court

Executive Secretary, report of, 34.6 statistics, 34.2

TAXATION

corporate taxes. See Corporate tax-ation

inheritance tax. See Inheritance tax

insurance companies, foreign, ex-emption, 28.8

public utilities, permissible amorti-zation and depreciation ac-counting, deferred income taxation, 26.9

State Tax Commission, manual on inheritance taxes, 27.14 temporary taxes, extension of,

27.9; 27.13

Teachers. See Public employees Torts

consent of minor, as affecting lia-bility in medical operation, 31.6

death action, investigation into stat-utory recovery in, 13.7 deceit, action for, 13.5

defamation in broadcast of polit-ical speeches, liability for, 13.6 independent contractor

landowner's duty of care toward, 13.3

owner's liability for acts of, 13.1; 17.2

joint tortfeasors, contribution in death actions, 14.4

"last clear chance," effect on doc-trine of comparative negli-gence, 13.8

misrepresentation, relief for, 13.5 negligence, comparative, 13.8 railroads, duty of care at crossings,

13.2

res ipsa loquitur, 13.4

284 INDEX

[References are to sections]

Torts (continued)

settlements, stipulation as to rea-sonableness of, 14.4

wrongful enticement, right of hus-band to recover for, 19.3 Trusts

gift to heirs, vesting of, future interest, 12.9

income, accumulation for unas-certained persons, taxability of, 27.9

rule against perpetuities

class gifts, doctrine of severable shares, 12.7

"second look" doctrine, 12.7 resulting

administrator of donor's estate, duty to account, 12.3

fractional share of property, 12.5 husband and wife, 12.5; 15.4 "straw" conveyance, 12.6

UNFAIR COMPETITION, COVENANT RE-STRICTING COMPETITION, 15.2 Uniform Arbitration Act, defeat of,

25.3

Uniform Commercial Code

acceleration clauses, effect of, 2.9 bailee, negligence of, burden of

proof, 8.3 banks

passbooks, provisions in, as con-tract, 5.2

branch office as separate bank, 5.3

collecting bank, as holder in due course, 5.5

"final payment" by, 5.4

insolvency, effect on letters of credit, 6.10

negligence of, measure of dam-ages for, 5.2

payment, limitations on liability for, on forged and altered in-struments, 5.6. See also bills and notes infra

standard of care, 5.2 bills and notes

accommodation endorser, parol evidence as proof of true char-acter of, 4.10

alteration of, as defense to pay-ment, 4.5. See also banks, supra

anomalous signature on, liability as endorser, 4.10

dishonor, notice of, effect as dis-charge, 4.7

drawee, insolvency of, as dis-charge of drawer, 4.7

holder of, lack of title of as defense against, 4.8

mortgage note, effect of accelera-tion clause in, 4.10

security interest of collecting bank in, 5.5

warranties to payor, 4.6

bulk sales, 7.1

auction as subject to provisions,

7.1; 7.5

class protected, 7.6

exempt transfers, express provi-sions for, 7.2

notice to creditors, content and communication of, 7.4 schedule of property transferred,

requirement of, 7.3

subsequent transfers affected by non-compliance, 7.7

transfers within scope of pro-vision, 7.2

Code provisions, variation of, by agreement of parties, 2.2 comments of draftsmen, legal status

of, 2.3

common carrier, lien of, 8.2 conduct of parties, permissible

agreement governing standard of, 2.2

conflict of laws, law governing transaction, agreement of par-ties as determining, 2.4 contract of sale

acceptance, variation in terms of, 3.2

consideration, modification of common law doctrine of, 3.2 Statute of Frauds, effect of, 3.2 contracts, "good faith," as standard

of performance, 2.6

INDEX

285

[References are to !ections]

release of claim, provision for, 2.5

creditors

list of, transfers in bulk, 7.3

notice to, content and communi-cation of, in transfers in bulk,

7.4

protection of, 3.5; 7.6

rights of, 3.5; 7.2; 7.7 secured, 10.5

demand paper, presentment of, 4.7

discharge, insolvency of drawee, 4.7

dishonor of instrument, notice of,

4.7

documents of title, "due negotia-tion" of, rights of purchasers_ affected by, 8.4

endorsements

irregular, rights under, 4.9

last, controlling effect of, 4.4

restrictive, as affecting negotia-bility, 4.3

trust instrument, 4.3

evidence, parol, as proof of char-acter of accommodation en-dorser, 4.10

foreclosure of collateral, 10.5 freedom of contract as principle

of Code, 2.2

insolvency of drawee, 4.7

letter of credit

anticipatory breach of, 6.8

dishonor, damages for, 6.7

indemnity, for damages arising from payment, 6.6

irrevocability, consideration as affecting, 6.2

"negotiation clause," 6.3 preference of, upon insolvency

of bank of payment, 6.10

reservation of lien, 6.4

time limitation for payment on, 6.5

transferability of, 6.9

"Massachusetts trust," negotiability of obligations under, 4.2 mortgage note, effect of

accelera-tion clause in, 4.10 notice, concept of, 2.7

sales. See also contract of sale

supra

assignments, 3.2

bulk sales. See bulk sales, supra replevin and cover, 3.6

risk of loss, passage of, 3.3 subsequent purchaser,

protec-tion of, 3.5

warranties, 3.4

securities

guarantor of signature on, re-sponsibilities of, 9.5

lost, owner's duty to notify, 9.6 maturity of. limitations on rights

of purchasers after, 9.4

overissue, effect of, 9.3

regulation of, 9.2

rights of purchaser against issuer,

9.4

Statute of Frauds, effect on trans-fer, 9.5

transfer agents, liability to pur-chasers, 9.4

transfers of, responsibilities on, 9.6

unauthorized endorsement, rights of parties under, 9.5 -Uniform Stock Transfer Act,

in-corporation into Code, 9.1 security, 10.5

after-acquired property clause, effect of, 10.3

"dominion" of borrower over collateral, 10.4

elimination of technical distinc-tions, 10.2

foreclosure, 10.5

invalidity of provisions, effect of, 10.2

"notice" filing system, adoption of, 10.3

proceeds from sale of collateral,

10.5

subject matter of, effect on filing requirements, 10.2

Statute of Frauds contract of sale, 3.2 securities, transfer of, 9.5 title, holder's lack of as defense,

4.8

value, concept of, 2.8

warehousemen, general lien of, 8.2 Uniform Gifts to Minors Act, 12.~Q

1---286

[References are to sections]

Uniform Reciprocal Enforcement of Support Act, 19.7; 21.1 Uniform Stock Transfer Act, 9.1

WARD, GUARDIAN'S USE OF FUNDS TO SUPPORT PARENTS OF, 19.1 Widow

allowance pending distribution of husband's estate, finality of, 12.2

intestate share of husband's estate, time of determination of, 12.2 Wills

dispositive provisions

"die without issue," meaning of, 12.8

heirs, critical date for determin-ation of, 12.9

Wire-tapping legislation, 22.6 Workmen's compensation

benefits increased for dependents, 30.3; 30.7

contract to insure employer, pro-visions for, amendment of, 30.4

double compensation, employer's liability for, 30.2

joint and several liability of in-surers, to employee performing duty common to several em-ployers, 30.5

Municipal Court of the City of

Boston, concurrent appellate jurisdiction of, 30.8

second injury fund, payments from, 30.6

statute of limitations, 28.3

third party wrongdoer, suit against, 30.1

ZONING

by-laws

amendments, review of disap-proval by Attorney General, 29.6

procedure to test validity of, 29.6 proposed, limitation on Attorney General's power to disapprove, 11.2

sudden changes in, legislative protection against, 11.3 exemption of school from

restric-tions, scope of, 29.6 variance

appeal from granting, "persons aggrieved" entitled to, 11.2; 33.3

failure to follow decision grant-ing, statutory requirements for, 11.2

jurisdiction of boards of alder-man to grant, 29.6