at

furnaces not work satisfactorily, there was evidence that the money had been expended and its expenditure approved by the representative of the defendant, and the jury was warranted in finding as it did.. In an action of assumpsit, plaintiff testified that in response to a circular from defendant, who was a window trimmer, and who offered prizes for designs and photographs, he sent defendant two photographs of separate designs and a formula for making the substance out of which the designs were to be constructed. Plaintiff attached notices that the designs were valuable and should be carefully preserved if not used, also writing on the back of one photograph "Value of this original design is two thousand dollars." On the other photograph he tached the statement that it was worth three thousand dollars, and on the formula that it was worth five thousand dollars, and in an accompanying letter stated that if the designs were acceptable they could be used. Не received in reply a letter acknowledging the receipt of the designs. if not, they were to be returned. Defendant used the designs and later failed to return the photographs or formula, stating that they had been lost and refused to pay plaintiff. Held, That the mere writing of the alleged schedule of prices on the back of the photographs did not amount to a contract to pay the sums named, and in the absence of evidence that the inscriptions were ever called to the attention of the defendant, a tion to take off a compulsory nonsult would be refused. Where on a breach or refusal to complete a contract and the damages a plaintiff may suffer cannot be ascertained by an action at law, equity will entertain jurisdiction and grant an injunction restraining defendant from permitting plaintiff to hold an entertainment in a building after a contract had been signed, defendant not offering any testimony or giving any reason for his refusal to permit the entertainment or meeting to be held. A verbal agreement for the postponement of the payment of taxes after they were due and payable is no defense to a scire facias on a mortgage in that the agreement was without consideration and was nudum pactum. It is not fraudulent for a mortgagee to pursue his legal remedies, unless he has committed a fraud or estopped himself by a legal contract. Where it is impossible for

a

mo.

coal

mining company to prohibit absolutely its employees from using intoxicating liquors, then a contract made by the mining company in good faith to promote the temperate use of liquor and lessen drunkenness among fts employees and protect its own property, would not only be within the law but highly commendable, and such a contract that all those who are licensed to sell liquor ought to respect Plaintiff recovered a verdict in a suit for a balance due for printing certain matter which plaintiff knew was to be used in carrying out an illegal project, being "baseball pool" or lottery which under the laws of this State was malum prohibitum. On a motion for judgment non obstante veredicto,-Held, That to prevent a recovery there

a

Page.

must not only be knowledge of, but a purpose of furthering the illegal act by a sale and distribution of the tickets, or a participation in the profits, and as there was no evidence that plaintiff thus aided or participated in or received any share of the profits of the scheme, motion for judgment refused.. A mechanics' lien cannot be filed for excavating a cellar for a buildi: g, where such contract was independent of any other contract for the erection of a building thereon. The right to file a lien is only incidental to the land, and cannot be sustained for a mere excavation or a hole in the ground.. CONTRACTOR.

See Mechanics' Liens. CONVICTS,

See Prisoners; Parole. CORPORATIONS.

See also Charter; Negligence; Pleading and Practice; Affidavit of Defense; Trespass; Receiver; Injunction; Capital Stock.

The company would not be estopped by its having acquiesced in this arrangement and furnished the free gas for a number of years, as the agreement was without consideration and nudum pactum, and the company is not bound by it...... The Escheat Act of 1915 repeals the Act of 1847, P. L. 222, in so far as it is inconsistent therewith, the purpose of the Act of 1915 being to provide a complete and comprehensive system for the escheat of moneys held by persons and corporations to which it applies... The fact that the writing was not upon the minutes of the corporation would not relieve the corporation, and the defendant's failure to have it entered would not render him individually liable on the contract for commissions, but at most, for damages incurred by the plaintiff for failure to recover from the corporation by reason of the lack of that evidence, and the mere refusal to recognize the contract is not sufficient to recover from the president individually

785

807

150

253

360

The Auditor General has the authority to grant an extension of 30 days' time to a corporation to file its annual report, but, having granted one extension, has no right or authority to grant any further extension.... 384 A court of equity has jurisdiction to appoint a master to conduct an election of corporation officers, after a preliminary injunction has been issued and before an answer has been filled, where it is alleged that stockholders were arbitrarily deprived of their rights, and that the affairs of the company had been

grossly mismanaged Under the provisions of Acts of June 2, 1915, P. L. 728 and 730, the Auditor General, for the purpose of fixing the tax on the capital stock of corporations, should receive all reports which are presented during the month of March and make the appraisement and valuation upon them, but that no penalty attaches to corporations which have filed their reports on or before the last day of March.

corporation cannot repudiate the

A

representative and officer and retain the benefit of his act

The State Treasurer has equal powers of investigation with the Auditor General in requiring additional

385

439

460

Subject.

A

or

information where he is not satisfled with the reports of corporations and the record transmitted to him, and, before accepting or rejecting the valuation fixed by the Auditor General, he has the power either to require the attendance at his office of witnesses, or the production of "books, accounts, documents papers" which have any relation to or connection with such accounts.. 469 manufacturing corporation, empowered by its charter to own and operate a railroad, and which owns freight cars and engines and tracks, but all of which operate on tracks and switches located upon its private property by connection with

common car

the main tracks of a
rier, engaged in interstate com-
merce, will not, in the absence of
affirmative proof, be held to be
engaged in interstate commerce and
be within the Act of Congress of
March 21, 1895, amended by the

Act of April 1, 1896, requiring cars engaged in interstate commerce to be equipped with safety couplers.. 473 An affidavit of defense to promissory

notes in the name of a corporation to the effect that the notes were never authorized by the board of directors is insufficient, when it is averred that the original notes were not authorized by the directors, but it is not averred that the renewal notes, upon which sult was brought, were not so authorized.. Unless there is something brought to the attention of the bank, which shows the transaction sought to be impeached to be out of the ordinary course of business, and such as an ordinarily prudent man would suspect or question, the bank is obliged to pay, and is not required to inquire whether the officer drawing the check had authority to do so, and whether the funds were being used for the purposes of the corporation

can

An industrial company, which employs a large number of workmen, make it a condition of their employment that they do not drink intoxicating liquors while in

its

employ; or that they do not immoderately drink liquor, 80 as to

affect their efficiency or So as to increase the risk of accidents that might injure the property of the company or its workmen.... The obligation as a conveyancer is entirely separate and distinct from the obligation which the title company undertakes under a policy of insurance

While it would be lawful

for

673

717

761

774

any

a

establishment which observes Christmas to have female employes work overtime two hours per day for three days in the calendar week preceding Christmas, on or after December 19, it would be unlawful if the hours of employment by reason of such overtime or otherwise would exceed fifty-four in any seven consecutive days, that being "week" as defined by the Act.... The power of a municipality to grant a franchise over its streets is absolute, and when a corporation accepts a franchise it accepts all the obligations and conditions imposed in the grant, and if it fails to comply with these obligations and conditions its franchise becomes null and vold, and the courts are powerless to grant relief.

789

799

Page.

The fact that a dollar has been earned gives no stockholder the right to claim it until the corporation decides to distribute it as profits..... 802 The words "money contributions" are not vague and uncertain, but on the contrary their meaning is plain, and their purpose as used in Section 83 of the Criminal Code of the United States, unmistakable. Whether in

any given case, an expenditure by a corporation shall be construed as "a money contribution in connec◄ tion with any election" within the spirit, intent and meaning of the Act of Congress may become a question for the court or jury in the light of all the circumstances of

the case at the trial, but this does not invalidate or tend to invalidate the law

When any company substitutes other securities for those already on deposit, it is the duty of the Insurance Commissioner to estimate their value and issue a certificate to the State Treasurer that the substituted securities are of sufficient value to permit the original securities to be withdrawn, or in the case of wholly withdrawing these securities, the certificate should state that no liability for such a deposit exists, that the company has ceased to do business or that sufficient other security exists to meet all demands........

CORPUS AND INCOME.

See Trust; Descent and Distribution. COSTS.

See also Attorneys; Habitual Drunkard: Guardian; Fees. Plaintiff in an action of trespass recovered а verdict in the County Court for $100 damages for an assault and battery upon him by defendant. Defendant appealed to Common Pleas Court, resulting in a verdict for six and one-fourth cents. Judgment was entered on the verdict and a Fi. Fa. issued. Defendant tendered the sheriff six and one-fourth cents with interest and six and one-fourth cents costs with costs of execution, which sum was refused. On a rule to show cause, Held, That plaintiff's right to costs was measured not by the statute of 22 and 23 Charles II, Chap. 1X (Stat. 2 Cap. 5), A. D. 1670, but by Section 9 of the County Court Act of May 5, 1911, P. L. 198, and its supplements. Rule discharged

The question whether a State is depriving a prisoner of liberty without due process of law, under a law not violative of the Federal Constitution, cannot be determined ordinarily with fairness to the State until the conclusion of the course of justice in the State Courts; as the prohibition of the Fourteenth Amendment is addressed to the State itself, and if a violation be threatened by one agency of the State, but prevented by another agency of higher authority, there is no violation by the State.. There is no law of the State of Pennsylvania nor of the United States which warrants or authorizes any Court to detain any person for the purpose of making a mental examination

....

The Court will determine from testimony the sums to be awarded as counsel feels and trustee's commissions

upon

The "next court" is not the court next following the passage of the ordinance, but the court next following its going into effect. Under the Act of March 18, 1903, P. L. 28, the Court can only make an order nunc pro tune in a proceeding to lay out a township road good cause shown, which cause must appear of record. It is only where the viewers or juries of view are unable to report from any good and sufficient reason that the Court may, in its discretion, either before or after the expiration of the time fixed, extend the time for filling such report

The averments in a petition to be declared & feme sole trader, while bringing the petitioner within the provisions of the Act of May 28, 1915, P. L. 639, do not take away the discretionary powers vested in the Court to grant or dismiss the petition When a great majority of bondholders of an insolvent railroad company, dealing fairly with all others, say to a Court, this is our only possible salvage plan; the necessity of salvage is such that to save our original investment we have felt constrained to add nine millions to our original thirty millions, Court which denies to such self-assessing bondholders the right in their own way to conserve and salvage their own security, is assuming a grave responsibility

CREDITOR.

a

See Receiver; Bankruptcy; Descent and Distribution; Bulk Sales.

Page.

The Sixth Section of the Act of June 19, 1911, P. L. 1055, is a complete revision of the Sixth Section of the Act of May 10, 1909, P. L. 495, and the use of the word "never" in that section of the Act of 1911 clearly indicates that the Legislature intended to repeal the provisions of the Act of 1909 relating to former convictions

182

222

In the absence of proof, that the af-
fidavit that witness would fail to
appear at a murder trial was not
reduced to writing, it will be pre-
sumed that the provisions of the
act were complied with and that
his commitment was regular....
A plea of autrefois convict is a good
defense, where the first prosecution
has been made and prosecuted in
good faith by the proper parties... 305
An indictment for obtaining money by
false pretense will lie against one
who, knowingly and designedly, and
with intent to cheat and defraud,
induces another to purchase a
horse and pay the purchase price
thereof, by falsely representing the
horse to be sound..
One charged with murder should
state what means or property he
had at or immediately before the
institution of proceedings for the
appointment of counsel, and, if he
had means or property, what dis-
position he made of it.

No such offense as "larceny by bailee"
is created by Section 108 of the Act
of March 31, 1860, P. L. 409. The
offense created is larceny.
Where defendant, arrested for a vio-
lation of the automobile law of
July 7, 1913, P. L. 672, waives a
hearing before a Justice of the
peace, the grand jury has no au-
thority to return an indictment,
but the case is to be proceeded with
in Court by way of a summary con-
viction, the jury sitting as the mag-
istrate would have done, had
hearing not been waived..

See also Malicious Prosecution; Negligence; Replevin; Trespass; Municipal Improvement; Viewers.

The original grant of an easement contained the following: "Both parties bind themselves each unto the other by these presents in the penal sum of $200 to be paid to the party Performant by the party Delinquent."

Held: That this sum was not liquidated damages, but as an additional security for the performance of the covenants of the agreement, so that the Owners are not restricted to their action at law for the recovery of damages

It is permissible, at the trial of an action in trespass for personal injuries, for plaintiff as a measure of damages for earning power, to introduce evidence of wages paid in the neighborhood for services similar to those rendered by plaintiff, though she had never received wages

233

49

18

Subject.

the accident,

65

as such; she having done the cooking in a hotel and restaurant kept by her husband prior to the injury not only complained of, and at the time of she was doing part of the cooking but also managing a boarding house...... Damages for the entry of judgment and issuance of an execution under a power of attorney contained in a lease cannot be allowed on a rule to open or strike off the judgment 630 The right to damages for the opening and widening of a street is in the holder of the fee at the time the was passed, and not in ordinance title by one who acquired conveyances from the grantee at a sheriff's sale subsequent to the date an assignof the ordinance, and

mesne

ment by such a grantee would not give him a right to damages, and a appointment the for petition viewers will be dismissed.

of

654

action of trespass to recover company In an a title the encumdamages against to report for failure brance of a sewer, the undisputed evidence showed that the defendant was not guilty of any negligence in the performance of its duty as an examiner; that in the regular course of examination no indices would disclose to a careful examiner the exin question. istence of the On that ground the jury was rected to return a verdict in favor of the defendant...

sewer

by the

713

divided

purparts were conveyed to the sev

These purparts

eral partition. bounded dedicated

heirs

by deeds of

by streets,

amicable

were

which

were

were

In 1906,

to public use, but not opened at that time. one of the heirs granted and conveyed to the plaintiff, his heirs and assigns "all her right, title and interest" in the purpart which had In 1911, more been deeded to her. than 21 years, after the dedication of the plan, the borough by ordia street along the nance laid out Plaintiff same lines and of the same width as indicated on the plan. claimed and was awarded damages The borough apby the viewers. the award, claiming pealed from that the plaintiff was not the owner nor was he seized of a legal title to the land occupied by the street. On a case stated,

See also Partition; Descent and Distribution; Equity; Orphans' Court. A petition by the wife to have vacated

a decree in divorce granted her for cruel and barbarous treatment and indignities to her person on the part will be refused, the of her husband where petitioner alleged that were averments in the libel and evidence to support the libel offered false, and that she had been induced the divorce proceedto prosecute her ings at the instance of her husband; that in it further appearing efforts to have the decree vacated she failed to prove any specific acts or utterances on his part which deprived her of the exercise of her own free will

19

See also Building Restrictions; Mortgates; Vendor and Vendee. Where real estate is conveyed "subject" to a mortgage, and the property is later sold at a foreclosure on the mortgage for a sum insufficlent to satisfy the entire debt and recover he the grantor is compelled to make can the deficiency, up this sum from the grantee in action of assumpsit upon the implied covenant of indemnity in the sence of averment and proof of accident or mistake in the use of the An averment by vendee any language. to assume declined that he liability for the mortgage is without avail in that it is a contradiction of the terms of the deed...... 757

DEED OF TRUST.

See Trust.

DEMURRER.

an

ab

See also Pleading and Practice; In-
Injunction;
Mandamus;
dictment;

Equity.

violated

The Court of Common Pleas will not, on a petition to allow an appeal, in the record in consider defects deby the County Court that might have of been taken advantage murrer before the case went to trial and judgment was entered in that court on the merits. Where a girl 16 years old was found the of law not to be incorrigible or guilty of having Commonwealth, or of the ordinance of any

23

any

601

but the

or township, Court ordered,

city, borough Juvenile

"That the said child be detained in detention rooms for mental examination," the District Court of the

United

murrer

States

will sustain

a deand

re

to such an order lease the child as it is not within

the jurisdiction of the Juvenile Court to make such an order...... 247 A demurrer to indictments for conspiracy under Section 37 of the Criminal Code of the United States which indictments set forth deffnitely the names of the conspirators, the conspiracy to commit an offense against the United States, the nature of the offense, the time and place and the overt acts committed in and for the purpose of executing the same, will be dismissed as the averments are sufficlent to sustain the indictments.... 809 A demurrer to a writ of alternative mandamus will be sustained where the relator, the president of a school board who had been removed from his office by the other members of the board after a hearing on charges of which relator had full notice, in that under the Constitution the relator could have been removed by a vote of the majority of the board at its pleasure. Relator has no reason to complain when the board acted under the provisions of Section 406 of the School Code of 1911, instead of the Constitution, and the board by so doing did not forfeit any rights conferred by the Constitution and will not be required to reinstate relator....... 829

DEMURRAGE.

See Carrier; Contracts; Affidavit of
Defense.

Plaintiff, a common carrier, engaged
in interstate commerce, brought suit
against defendant to recover demur-
rage charges on cars delivered
loaded to the defendant and re-
ceived from the defendant, loaded
and unloaded, for the time the cars
were detained by the defendant over
the free time allowed. The defen-
dant operated an iron and steel
works, and received cars from
plaintiff over the tracks of the
South Shore Railroad Company,
which operated tracks and switches
located solely upon defendant's prop-
erty, was not engaged in interstate
commerce, made no report to the
Interstate Commerce Commission,
issued no bills of lading and made
no pretense at complying with inter-
state commerce regulations; the
stock of which was owned by stock-
holders of defendant steel company,
and the employes of the steel com-
pany and the railroad company re-
ceived their pay at the same time
and place from the same paymaster,
and all the cars upon which de-
murrage charges were claimed were
engaged with "in and out" and
intra-mill service.

Held: There could be a recovery in that the South Shore Railroad Company was not an independent carrier, and was merely the agent or plant equipment of defendant... 704

ministrator is not responsible or required to collect any excess as debts of the estate.. Where decedent's real estate is sold for the payment of debts, the sur plus will be distributed to the child of one of decedent's sons who survived testator as personalty and not realty Decedent was named as co-respondent in divorce. The respondent was served with the subpoena and had notice of the hearing. The divorce was granted, and thereafter the corespondent and the respondent lived together Their marriage was prohibited by the Act of March 13th, 1815, Section 9, 6 Sm., 288, during the lifetime of the libellant who is still living. They became the parents of several children as a result of this illegal union. The decedent then deserted his mistress and was legally married to the petitioner, who claims a widow's exemption, exclusive of the mistress and their children.

118

160

Held: That as the libellant in the divorce proceedings was still living it would have been impossible for the mother of these children to have married the decedent legally, the children were not entitled to anything, and the whole balance of the estate awarded to the petitioner.. 193 A husband will not be permitted to participate in the estate of his deceased wife where he did not live with her for a number of years prior to her death, and during that time failed to contribute anything to her support

mere

233

The pendency of a contest over a will delays the determination of the rightful distributees to all that is left after the debts are paid and it would make no difference to the legatees what officer had been ordered by the court to make a sale for the payment of debts, neither of them could prevent it.............. 282 Where a husband dies, and money is found deposited in a bank in his name, the possession of the money does not prevent the wife from claiming title thereto, if she prove that while the money was deposited in her husband's name, it was derived from her own separate estate, and in the absence of evidence of a gift to the husband at the time the money was deposited, the Orphans' Court will award the money to her, or her representatives rather than to the heirs of the decedent......

can

........

A debt due from a next of kin and a distributee of the decedent is assets of his estate, and the personal representative is entitled to collect the same from Such distributee even though there are no known creditors of the estate...

An attorney cannot recover a balance of a claim from the estate of decedent where he presented a claim for professional service at the audit of the account of the administrator d. b. n., it appearing that the services had been rendered to the administrator and that the account of the administrator containing the clalm had been confirmed absolutely, although at the subsequent audit testimony was submitted that the claim had been paid only in part, Claimant's only recourse was to look to the administrator...

315

374

608