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2 Pa. L. Rec. 1 (1879-1880)

handle is hein.journals/pennlord2 and id is 1 raw text is: VOL II. PHILADELPHIA, PA., DECEMBER 2, TABLE OF CONTENTS. PAGE Decision of Supreme Court..- .......... Fellow's Appeal .... ... . ................... 1 Borough of Pittston vs Hugh Hart.........1 Girard Life Ins. Co. vs. City of Philada........... I Arnold B. Heine vs Commonwealth of Pa... 1 Recent Important Decisions..............1.. Building Permits.......................... Important Business Changes........ ....... W ills........................................ ......... Letters of Administration................ Transfer Record...........................................2, 3, 1 M echanics' Livns .................................................. 4 District Court . .......... ........................ 5 Judgm ents ......................................... 1,6 M ortgages.............................................................. 7 A dvertisem ents............ ...................................... 8 SUPREME COURT OF PENN'A. ABSTRACTS OF DECISIONS. FELLOW'S APPEAL. Revoration of Trust. The title of a trustee under a deed of trust is complete and irrevocable by the set- tier, although the transaction be purely vol- untary. Nor does the fact that the grantor reserved an interest' durin'g life in the prop- erty, and gave a future benefit to other per- eons named, give an implied right on revoca- tion. It controverts no rule or policy of law, but executes the intention of the grantor. Decided October 6th, 1879, MEhacu J. BOROUGH OF PITTSTON vs, HUGH IAR I', Borough streets, Negligence. It is the duty of borough officers to pro- tect, by some description of guard, the streets of the borough at points of unusual danger; if they fail to do so, the question of their negligence is to be left to the jury, Decided May 7th, 1879, GoaitoN J. GIRARD LIFE INS, ANNIUTY & TRUST CO. vs. THE CITY OF PIIILA. Sheriffvendee, arrears of Water rent, lijune- tion. A Mortgagee purchaser of the mortgaged prernises at Sheriffs sale under a forclosure of his Mortgage, has no equity to restrain the City of Philadelphia from cutting off the supply ef water from the premises in order to enforce payment of arrearages of water rent, due before said sale, in the manner and upon terms and conditions provided by an ordinance of March 22nd, 1862. (City Di- gest of 1868, p. 560.) Decided May 7th, 1879, PAxsoN, J. ARNOLD B. IIEINE vs. COMMON- WEALTH OF PENNSYLVANIA. Evidence, Declaration of Co-conspirators, Evidence of good character, &c. The declaration of a co-conspiration who is not indicted, made, not during the pro- gress of the fraudulent scheme, but after- wards, and in a mere rehearsal to a third party of what had previously been done, are not evidence. The court below charged the jury that, If a man is guilty, his previous good char- acter has nothing to do with the case, but if you have reasonable doubt as to his guilt then character steps in and aids in determin- ing that doubt. Held, to have been error; evidence of good character is po-itive evi- dence, and may of itself, by a creation of a reasonable doubt, produce an acquittal. An indictment against one of two conspir- ators charging defendant alone with a con- spiracy with another person named and de- I scribed in the indictment, is not necessarily i uUdaIL contended thit is one so entirely given up to drunkenness as to defective; they may be s parately indicted, di.-qualify himself for business and for the tried and convicted; nor need it appear in support Of his family. The Court admitted the bill of indictment that the unlawful actI intended was accomplished. tion for thb appointment of a committee to Decided October 6ih, 1879, GORDON, J. take charge of his estate, 'ut it was not cor- rect as applied to divorce. It was the ob- Recent Important Decisions. ject of the statute, as we conceive, to relieve the wife from the wretchedness, and misery If different sums are paid together into almost necessarily attendant upon one banking account by the same person, tion with a person given up to the habit of and he gives no direction as to their appro- intoxication. Also from the further consid- priation, the banker may enter them in such eration, that babitual intoxication of the order as he pleases, and the sums will be ap- I wife was equally sufficient ground for divorce, propriated in order of priority of entry, to the court concluded that ability to attend to ,atisfy payments out on drawings, In re business or provide for the family was not talletts Estate 41 Law Times 186. the test ieu such cases. I I 4.4 1879. No. 1. By a recent decision of the Supreme Court of the United States, it was held that where the holder of stock as collateral secur- ity tranfers the shares to his own name, he make himself liable as a stockholder, for the benefit of creditors; but the mere transfer of stock for a nominal price, or to one who holds for the assignor, will not relieve the actual owner from the liabilities of a stock- holder to the creditors SALE AND WARRANTY.-Where a person as manufacturer sells a commodity by a par- ticular and well known market description, which commodity is not present at the time and place of trade, and is not seen or exam- ined by the purchaser, the law will imply a warranty on the part of the seller that the commodity is of a fair merchantable quality corresponding to the description under which it is sold ; and the same rule applies where the seller holds himself out as a manufac- turer of the commodity sold, or sell under circumstances leading the purchaser to be- lieve him to be selling as a manufacturer. Chicago Packing and Provision Co- va,. Til- ton, Sup. Ct. Ill. In Minnesota, where divorce is grant- ed upon the ground of habitual drunkenness the case of 11eers vs leers, brought up the question what is a habitual drunkard within the mcaning of the statute. Counusel f h d f

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