Berks County Law Journal, Volume 9Berks County Bar Association., 1917 - Bar associations Containing cases decided by the courts of Berks County, Pennsylvania. |
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Common terms and phrases
action adjudication affidavit of defence agreement alleged amount appraisement assignment assignor avers bankrupt Bankruptcy Berks County Bertolet C. W. Edwards Catharine Cecelia O'Reilly Catharine O'Reilly Kelly charge city of Reading claim claimant Common Pleas contract contributory negligence corporation counsel Court of Berks Court of Common creditors Cyrus G dated death debts deceased decedent deed defendant company defendant's distribution Elizabeth O'Reilly Mishler endorsed equity evidence executed executor fact feet filed fund heirs interest Jacob L John F jury liable libellant maker market house McGinley mortgage Moyer negligence Opinion by Endlich Opinion by Wagner Orphans owner paid parties Patrick O'Reilly payment Pennsylvania person petitioner plaintiff Pleas of Berks prosecutrix question Reading School District Reading Trust Company real estate Rothermel Royal Hosiery Company Rule by defendant Samuel E street testamentary capacity testified testimony thereof tion trial widow wife witnesses Wolfinger
Popular passages
Page 198 - The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the date of the adjudication.
Page 75 - Had he a disposing memory ? Was he capable of recollecting the property he was about to bequeath : the manner of distributing it, and the objects of his bounty? To sum up the whole in the most simple and...
Page 18 - A fraternal beneficiary association is hereby declared to be a corporation, society, or voluntary association, formed or organized and carried on for the sole benefit of its members and their beneficiaries and not for profit. Each association shall have a lodge system, with ritualistic form of work and representative form of government...
Page 207 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 100 - In any event, the contracts of sureties are to be construed like other contracts, so as to give effect to the intention of the parties.
Page 44 - Negligence is the absence of care according to the circumstances, and is always a question for the jury when there is a reasonable doubt as to the facts, or as to the inferences to be drawn from them. When the measure of duty is ordinary and reasonable care, and the degree of care varies according to circumstances, the question of negligence is necessarily for the jury.
Page 17 - February 26, 1910, the Prothonotary is directed to enter a decree nisi in accordance with the foregoing decision, and forthwith to give notice thereof to the parties or their counsel of record sec.
Page 209 - Whenever a creditor whose claim against a bankrupt estate is secured by the individual undertaking of any person fails to prove and file such claim, such person may do so in the creditor's name and, if he discharge such undertaking in whole or in part, he shall be subrogated to that extent to the rights of the creditor.
Page 90 - To prevent all disputes and litigation, it is further agreed by and between the parties to this contract, that the Engineer shall in all cases determine the amount or the quantity of the several kinds of work which are to be paid for under this contract, and...
Page 129 - The court upon motion may strike from the record a pleading which does not conform to the provisions of this act, and may allow an amendment or a new pleading to be filed upon such terms as it may