« ПредишнаНапред »
articles which she chose, at the appraised price.
Heid, to be a manifestly fair method of appraise-
72. The appraisers awarded to her a certificate
74. Claimant testihed to services rendered by
fer other similar evidence, and objecting counsel
whether or not to cross-examine the witness.--1b.
76. If objections to her testimony had been de-
ferred until after the close of the testimony, or to
the argument of the exceptions, which the claimant
might not have been able to substitute other evidence
for her own testimony, they could not then have been
sustained to her prejudice.--}b.
77. Testatrix's statements to several physicians
without the claimant's own testimony the evidence is
by the auditor.- 1b.
79. Even admitting her testimony, as the Auditor
did, his findings of fact, on which he based the
80. Where a sister lives with a brother under a
tained.Wells' Estate, 105.
PROCEEDS OF MORTGAGE.
82. Where services are rendered there is an im- maker against the defendant.— Farmers' National
87. The real estate of defendant was sold upon
Sheriff. The Sheriff distributed the entire proceeds,
which were less than the amount of mortgage to the
plaintiff. Help, upon exceptions to the Sheriff's
PROCEEDS OF INSOLVENT CORPORATION.
I was "convenient for C to pay for it." Subse-
quently A, as an inducement for S and M to pur-
chase stock in the corporation stated to them that
the equipment of the plant was entirely free of debt.
Before the auditor distributing the balance on the
account of the receiver of C, B claimed the full
been authorized to make such untrue declaration,
that the execptions must be dismissed.--Hardnett
Company v. Poultry Fancier Publishing Company,
89. A agreed to sell his stock in the C company
to the company for a fixed sum, part to be paid in
cash and the balance in installments, sccured by
judgment On receipt of the cash he sent the stock
hold the same until the judgment was secured. C
refused to give the judgment and after come
responderce expressed its willingness, by its attor-
ney, to declare the whole thing off but directed the
secretary to hold on to the stock. Before the audi-
tor, A claimed the balar.ce of the purchase price.
Held, that exccptions to the allowance of the claim
must be dismissed.--16.
89a. E, as attorney, succeessfully resisted the
payment of claims amounting to $1227.12. Held,
for distribution, will be sustained.-16.
90. D advanced to the corporation $3,000 to pay
A regular dividend should be allowed on the stock was never delivered to the company, or
FRAUD UPON CREDITORS.
ipation in the meetings of the corporation as presi- for divorce consists of such conduct in one of the
discharge of marital duties.-Huyelt v. Huyelt, 102.
100. Divorce is of statutory origin, and the libel
should contain the language of the statute.—Troxell
v. Troxell, 33.
EMPLOYER'S LIABILITY ACT, FEDERAL
102. Plaintiff's bill alleged a collusive convey-
ance of B's property to C., for the purpose of de-
frauding B's creditors, and praying for a cancella-
encumbering the property and other relief. C de-
murrred because plaintiff's claim had not been re-
-Bank of Glen Rock v. Sheffer et. al., 13.
103. Defendant B being a non-resident, no per-
Subsequently liberant asked would be so inconvenient and slow as to make it
an inadequate remedy as compared with a bill in
104. The equity court is itself the judge of
where such action is circuitous and burdensome, and
in any way uncertain, it will not prevent the court
of equity from taking jurisdiction of the case.-]b.
office or place of business in actual operation in
offices were in New York City, and that it had a a nuisance must first be determined by an action at
nuisance; that it would interfere with the safe and
ESTOPPEL, 60a, 146, 160, 174.
115. On a suit to recover balance owing by de-
fendant on his purchase of plaintiff's interests in a
certain company, where the amount of defendant's
down payment is in dispute, and it is shown that
defendant, in a letter written to R, whose inter-
immateriality and also as tending to introduce a col-
116. That defendant at the time of his purchase
borrowed money sufficient to make such down pay-
ment as he alleged, is irrelevant, when plaintiff was
a party nor privy to the transaction.-16.
EXECUTION, WRONGFUL SALE UNDER,
The Act of April 6, 1859, P. L. 387, does 168.
EXECUTOR, RIGHT OF ACTION IN, 263.
EXISTING RIGHTS AND REMAINDERS,
FAMILY RELATION. 82-83.
117. Section 9 of Act April 21, 1915, P. L.
from the State Board of Game Commissioners, and of the judgment and the transcript being filed in
GRADE, LIABILITY FOR CHANGE OF,
a policy of in-
123. The return of ignoramus made on indict-
ment by a Grand Jury should be the end of the
--Com. v. Andruchek, 27.
and if their returns are in proper form and there
no evidence of misconduct or irregularity at-
ending their acts and where there is no allegation
oversight, mistake or fraud, or where no grave emer-
not be recommitted to a Grand Jury nor a new one
125. Where beneficiaries named in a life insur-
ance policy have the opinion to accept the surrender
value of the policy, a guardian of minor benefici-
aries is authorized by virtue of his office, and with-
out any order of court, to accept the amount and
five his receipt binding the wards, unless his powers
in this respect are restricted by statute.-Cadden v.
Equitable Life Assurance Society, 10.
126. As between keeping a policy alive by pay-
ing the permiums, and accepting the surrender value
at a given time, it is the duty of a guardian to
elect whichever appears to most beneficial to the
manner required by his terms, or waiver thereof by
JOINT TORT FEASORS.
128. Plaintiffs brought suit against husband and