called principle in Massachusetts

8 Massachusetts opinions name it 2 courts 1936–2006 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Baetjer v. New England Alcohol Co.green mass · 1946 · cited in 2 Massachusetts opinions naming this issue, 1961–2006 2 sentences 2006In Baetjer v. New England Alcohol Co., 319 Mass. 592, 602 , it was said that “a contracting party cannot be excused [under the doctrine of frustration] where the only ‘frustration’ consists in the fact that known risks assumed by him have turned out to his disadvantage.” Essex-Lincoln Garage, Inc. v. City of Boston, 342 Mass. 719 (Mass. 1961), at 721. 1961In Baetjer v. New England Alcohol Co. 319 Mass. 592, 602, it was said that “a contracting party cannot be excused [under the doctrine of frustration] where the only ‘frustration’ consists in the fact that known risks assumed by him have turned out to his disadvantage.” That is the *722 situation in the instant case.	1	2
Commonwealth v. Sparegreen mass · 1967 · cited in 1 Massachusetts opinions naming this issue, 1969–1969 1 sentence 1969See Commonwealth v. Spare, 353 Mass. 263, 265-266 , and cases cited.	1	1
Commonwealth v. Clearygreen mass · 1898 · cited in 1 Massachusetts opinions naming this issue, 1967–1967 1 sentence 1967See Commonwealth v. Cleary, 172 Mass. 175, 176 ; Glover v. Callahan, 299 Mass. 55, 57-58 ; Commonwealth v. Ellis, 319 Mass. 627, 629-630 ; Wigmore, Evidence (3d ed.) §§ 1134-1139, 1760-1761; The Queen v. Lillyman, [1896] 2 Q.	1	1
Massachusetts Institute of Technology v. Loringgreen mass · 1951 · cited in 1 Massachusetts opinions naming this issue, 1962–1962 1 sentence 1962See Massachusetts Inst. of Technology v. Loring, 327 Mass. 553, 556 ; Restatement : Property, <§ 367 (2); Scott, Trusts (2d ed.) § 27.1.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Essex-Lincoln Garage, Inc. v. City of Boston green mass · 1961 1 sentence 2006In Baetjer v. New England Alcohol Co., 319 Mass. 592, 602 , it was said that “a contracting party cannot be excused [under the doctrine of frustration] where the only ‘frustration’ consists in the fact that known risks assumed by him have turned out to his disadvantage.” Essex-Lincoln Garage, Inc. v. City of Boston, 342 Mass. 719 (Mass. 1961), at 721.	1	2006–2006
Commonwealth v. Walker green mass · 1976 1 sentence 1977Commonwealth v. Walker, 370 Mass. 548 , 577 n.20 (1976).	1	1977–1977
Glover v. Callahan green mass · 1937 1 sentence 1967See Commonwealth v. Cleary, 172 Mass. 175, 176 ; Glover v. Callahan, 299 Mass. 55, 57-58 ; Commonwealth v. Ellis, 319 Mass. 627, 629-630 ; Wigmore, Evidence (3d ed.) §§ 1134-1139, 1760-1761; The Queen v. Lillyman, [1896] 2 Q.	1	1967–1967
Commonwealth v. Ellis green mass · 1946 1 sentence 1967See Commonwealth v. Cleary, 172 Mass. 175, 176 ; Glover v. Callahan, 299 Mass. 55, 57-58 ; Commonwealth v. Ellis, 319 Mass. 627, 629-630 ; Wigmore, Evidence (3d ed.) §§ 1134-1139, 1760-1761; The Queen v. Lillyman, [1896] 2 Q.	1	1967–1967
Thayer v. Rivers green mass · 1901 1 sentence 1962This so called principle of “capture” (Amerige v. Attorney Gen. 324 Mass. 648, 656 ) which, “like some other principles applicable to general powers of appointment, owes its origin to the conception that the grant of a general power is in itself almost tantamount to a grant of ownership” (Old Colony Trust Co. v. Allen, 307 Mass. 40, 42 ) has no application in cases of special powers, where the ineffectively appointed property passes to takers in default of appointment (Thayer v. Rivers, 179 Mass. 280, 290 ; Hooper v. Hooper, 203 Mass. 50, 58-59 ; see Old Colony Trust Co. v. Richardson, 297 Mas	1	1962–1962
Hooper v. Hooper green · 1909 1 sentence 1962This so called principle of “capture” (Amerige v. Attorney Gen. 324 Mass. 648, 656 ) which, “like some other principles applicable to general powers of appointment, owes its origin to the conception that the grant of a general power is in itself almost tantamount to a grant of ownership” (Old Colony Trust Co. v. Allen, 307 Mass. 40, 42 ) has no application in cases of special powers, where the ineffectively appointed property passes to takers in default of appointment (Thayer v. Rivers, 179 Mass. 280, 290 ; Hooper v. Hooper, 203 Mass. 50, 58-59 ; see Old Colony Trust Co. v. Richardson, 297 Mas	1	1962–1962
Old Colony Trust Co. v. Allen green mass · 1940 1 sentence 1962This so called principle of “capture” (Amerige v. Attorney Gen. 324 Mass. 648, 656 ) which, “like some other principles applicable to general powers of appointment, owes its origin to the conception that the grant of a general power is in itself almost tantamount to a grant of ownership” (Old Colony Trust Co. v. Allen, 307 Mass. 40, 42 ) has no application in cases of special powers, where the ineffectively appointed property passes to takers in default of appointment (Thayer v. Rivers, 179 Mass. 280, 290 ; Hooper v. Hooper, 203 Mass. 50, 58-59 ; see Old Colony Trust Co. v. Richardson, 297 Mas	1	1962–1962
Amerige v. Attorney General green mass · 1949 1 sentence 1962This so called principle of “capture” (Amerige v. Attorney Gen. 324 Mass. 648, 656 ) which, “like some other principles applicable to general powers of appointment, owes its origin to the conception that the grant of a general power is in itself almost tantamount to a grant of ownership” (Old Colony Trust Co. v. Allen, 307 Mass. 40, 42 ) has no application in cases of special powers, where the ineffectively appointed property passes to takers in default of appointment (Thayer v. Rivers, 179 Mass. 280, 290 ; Hooper v. Hooper, 203 Mass. 50, 58-59 ; see Old Colony Trust Co. v. Richardson, 297 Mas	1	1962–1962
Woods v. MacDonald green mass · 1950 1 sentence 1961Woods v. MacDonald, 326 Mass. 401, 403 .	1	1961–1961
Commonwealth v. Kitchen green mass · 1937 1 sentence 1948Commonwealth v. Kitchen, 299 Mass. 7, 8-9 .	1	1948–1948
Freeman v. Mercantile Mutual Accident Ass'n green mass · 1892 1 sentence 1936The provisions in the so called clause of exception in the policy declared on in the first count of the declaration requiring consideration are those applicable to death “caused wholly or partly” by “bodily . . . infirmity,” by “surgical treatment thereof” or by “hernia.” Neither the provision applicable to “bodily . . . infirmity” nor that applicable to “hernia” applies to a hernia sustained “solely through violent external and accidental means,” and resulting in the death of the insured, that is, a hernia which is wholly within the line of causation between such means and the death, “directl	1	1936–1936

Where else courts name it

MA 8 (1936–2006) IL 4 (1993–2025) SC 4 (1967–2006) MI 3 (1895–2018) WI 3 (1966–2016) CA 3 (2012–2016) TX 3 (1969–2011) MO 3 (1982–1995) LA 2 (1955–1958) CT 2 (1994–2016) WA 2 (1955–2025) NM 2 (1975–1979) FL 2 (1996–1998) AZ 2 (2008–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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