Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania, Volume 36Kay & Brother, 1895 - Law reports, digests, etc |
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Results 1-5 of 88
Page 5
... contracts - Finality of award as to matters which were within agreement to ar- bitrate , but which were not presented to the arbitrators . Where parties to an executory contract agree that all disputes arising in relation thereto shall ...
... contracts - Finality of award as to matters which were within agreement to ar- bitrate , but which were not presented to the arbitrators . Where parties to an executory contract agree that all disputes arising in relation thereto shall ...
Page 6
... contract they were attended by Gowen but not by Pier- for the erection and construction , by the latter son , whereupon they proceeded to hear the case , for the former , of a dwelling house , and in pur- and having considered the ...
... contract they were attended by Gowen but not by Pier- for the erection and construction , by the latter son , whereupon they proceeded to hear the case , for the former , of a dwelling house , and in pur- and having considered the ...
Page 7
... contract is the law which governs the case , there is nothing in the contract to estop the defendant from setting forth the fact that he has a just and true defence to the plaintiff's claim . When a contract for work to be done provides ...
... contract is the law which governs the case , there is nothing in the contract to estop the defendant from setting forth the fact that he has a just and true defence to the plaintiff's claim . When a contract for work to be done provides ...
Page 8
... contract executed by averment that he had received from plaintiff all them on March 28 , 1888. Said contract , and that he was entitled to claim , except " a balance the award made in pursuance of the arbitration of $ 292.77 still due ...
... contract executed by averment that he had received from plaintiff all them on March 28 , 1888. Said contract , and that he was entitled to claim , except " a balance the award made in pursuance of the arbitration of $ 292.77 still due ...
Page 9
... Contract , construction of Warranty - Evi- dence . Plaintiff wrote to defendants after dispute as to the character of leather furnished by the former , " our leather is now thoroughly tanned , will re - ship Saturday " to which ...
... Contract , construction of Warranty - Evi- dence . Plaintiff wrote to defendants after dispute as to the character of leather furnished by the former , " our leather is now thoroughly tanned , will re - ship Saturday " to which ...
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Common terms and phrases
action affidavit of defence affirmed agreement alleged Allegheny County amount answer appellant appellee April April 29 assignment of error assumpsit authority averred Bank bill borough charge Charles Ingersoll charter claim coal codicil Common Pleas Commonwealth consent construction contract contributory negligence Court creditors damages death debt deceased decedent decree deed defendant defendant's Dennis McCauley duty entitled equity evidence execution executor facts fee simple fees fendant filed garnishee held husband insured interest issue judgment jury land lease liable lien ment mortgage negligence notice opinion ordinance owner paid parties payment Pennsylvania Company Phila Philadelphia Philadelphia County plaintiff procedendo purchase purpose question Railway Company real estate reason received recover refused road rule scire facias sheriff's sale statute street railway sufficient suit sustained Tamaqua testimony thereof tiff tion township trial trust verdict WEEKLY NOTES wife witness
Popular passages
Page 71 - No act of the General Assembly shall limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property; and in case of death from such injuries, the right of action shall survive, and the General Assembly shall prescribe for whose benefit such actions shall be prosecuted.
Page 447 - The act of 1833 provides that "every will shall be in writing, and unless the person making the same shall be prevented by •the extremity of his last sickness, shall be signed by him at the end thereof, or by some person in his presence and by his express direction; and in all cases shall be proved by the oaths or affirmations of two or more competent witnesses, otherwise said will shall be of no effect.
Page 80 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Page 255 - That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...
Page 29 - Unless otherwise provided in writing added hereto this Company shall not be liable for loss occurring. (a) while the hazard is increased by any means within the control or knowledge of the insured...
Page 464 - ... granting powers or privileges in any case where the granting of such powers and privileges shall have been provided for by general law, nor where the courts have jurisdiction to grant the same or give the relief asked for.
Page 29 - If any change, other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard), whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 202 - I. 5. 6.5. c. 26) : and therefore, if an estate in fee be given to a man and his wife, they are neither properly joint tenants nor tenants in common ; for husband and wife being considered as one person in law, they cannot take the estate by moieties, but both are seised of the entirety...
Page 461 - While equity does not deny the possibility of valid transactions between the two parties, yet because every fiduciary relation implies a condition of superiority held by one of the parties over the other, in every transaction between them by which the superior party obtains a possible benefit, equity raises a presumption against its validity, and casts upon that party the burden of proving affirmatively its compliance with equitable requisites, and of thereby overcoming the presumption.
Page 30 - ... if, with the knowledge of the insured, foreclosure proceedings be commenced or notice given of sale of any property covered by this policy by virtue of any mortgage or trust deed...