In an

of

a

Subject.
Page. Subject.

Page. BET.

ing a corporation, it was incumbent See Wager.

upon defendant to name the person

acting for plaintiff and stating BENEFICIAL INSURANCE.

precisely the circumstances under See Insurance,

which the knowledge by plaintiff was acquired

746 BIDS.

The holder of a collateral note is not See Contracts.

required to give notice to the cor

poration of the sale and purchase BILLS AND NOTES.

of shares of capital stock upon deSee also Assumpsit, Banks and Bank

fault and upon presentation of the certificate in

proper

form

is ening. Checks, Judgments.

titled to a new certificate and to action on a promissory note notwithstanding the fact

all the rights of a stockholder.... 783

that the holder shows that he is a holder in due

BINDING INSTRUCTIONS. course and no evidence is present to show

See Assumpsit; Negligence; Trespass; to the contrary,

Trial. yet it is a question of fact, and in the establishing of the same, the credibility of

BIRDS. the witnesses is question for the jury to determine,

See Game. and the court cannot give binding instructions in favor of the plain

BOARDS OF HEALTH. tiff

105

See Health. In an action on a promissory note, BONDS. where a copy of the note was in

See Replevin; Principal and Surety. corporated in plaintiffs' statement, it Was not necessary under the Practice Act of 1915 to aver specifi

BONUS. cally that the

See Assumpsit; Contracts. contract sued upon Tas oral or written, A promissory BOROUGHS. note implies a writing and statutory

See also Municipalities; Viewers. demurrer overruled

108

Where a borough, following the BorAn accommodation endorser

а.

ough Code of May 14th, 1915, P. L. promissory, who paid the note after

312, in Chap. VI, Art. XX, Sec. $, its dishonor, cannot maintain joint action against the other par

empowering boroughs to "enact ordities to

nances establishing reasonable rates the note, neither can he

of license fees on all vehicles used maintain a joint action against an individual and

in carrying persons or property for an executor or

a deceased endorser,

pay," enacts an ordinance imposing nor can a dis

a schedule of annual licenses, such solved partnership be joined as a party defendant. Demurrer to state

ordinance is invalid as applied to

the sustained

owner of an automobile truck ment

171 An accommodation maker of a prom

used by a baker in delivering his issory note is liable thereon to an

products without first obtaining a accommodation endorser of

the

license. Reading City V Krause's

Estate, 167 Pa., 21, construed..... 223 payee who becomes the holder of the note in due course.

276

A borough was not required to remove An affidavit of defense to an action

a sewer or to change its location so on a promissory note was insuffi

as to prevent plaintiff's land from cient to prevent judgment where it

being damaged by surface water, Was averred that the note men

and bill dismissed where the sewer tioned in the agreement could be

Was constructed under an agreerenewed at maturity and "at said

ment with the former owner of the time and many times thereafter the

land, and so far as appeared, in plaintiff agreed with defendant that

the manner agreed upon between the in consideration the said de

defendant and

that owner. The fendant devoting his time, energies

defendant had a right to maintain and money in perfecting the said

its sewer. machines and advancing the inter

Boards of health of boroughs and firstests of the said corporation in

class townships have no power to which the plaintiff held stock, the

arrest those violating their rules said plaintiff agreed to renew said

and regulations and have them note from time to time until such

punished by fine and imprisonment, time as the defendant would be able

unless such rules and regulations place the machines upon the

are duly enacted into ordinances market and the said corporation

and advertised and promulgated the would begin to show profits from

saine as other ordinances relating the sale of the said machines," but

to other subjects are approved and it was not averred that defendant

advertised

480 had

requested a renewal and he could not now defend against a re

A board of health in a borough or quest for

first-class township inay abate conpayment.. The effect of deriving title through a

ditions declared to be nuisances by holder of a promissory note before

regulations of the State Department or after maturity in due course, is

of Health and recover the cost of to make the indorsee holder in

such abatement from the owner of due course, the latter taking the

the premises in the manner proplace of the former and being en

vided by Section 8 of the Act of titled to the rights of the indorser,

June 12, 1913, P. L. 471.

665 Upon this theory there is no con

BOUNTIES. flict between Sections 58 and 28 of the Act of May 16, 1901, P. L. 199,

See also Game. and both may be given the effect

Unclaimed weasel skins, or pelts, left intended by the Legislature

571

in the hands of the Game Commis. An affidavit of defense in an action

sion, under the Act of May 23, 1919, on a bill of exchange

P. L. 270, become the property of

was in sufficient to prevent judgment

the State Game Commission after undler the Negotiable Instrument

the bounty has been paid. The Act of 1901 in simply averring

owner has a right to direct where that "plaintiff knew" and had "full

they should be sent and they belong knowledge

of all the

to the commission only when the facts, etc.," in that plaintiff, be

owner fails to claim them......... 616

of

to

.. 526

a

*

a

a

Subject.
Page. Subject.

Page. BROKERS.

BUILDING AND LOAN ASSOCIATIONS. A sales agent, who could not have

Building and Loan Associations have maintained an action in his own

the right to charge a premium on name, was held not liable for the

loans with the stock of the associamercantile license tax as a broker,

tion as collateral, provided the where the agreement with the seller

loans are made to the stockholders granted a sole and exclusive agency

bidding the highest premium therefor the sale of all coal produced

for at an open meeting of the as

sociation, in accordance with and fixed his compensation, but the

the seller not only fixed the price, but

provisions of the Act of April 29, 1874, P. L. 96, Section 37.

84 consigned the coal directly to the

The cashier of a State bank, incorpurchaser. He had nothing to do with fixing the selling price nor was

porated under the Act of May 13, the title of the coal ever vested in

1876, can, at the same time, hold

the office of secretary of a buildhim. His liability was not primary

ing and loan association

239 but secondary

139 Where plaintiffs were not the sole ef BULK SALES. ficient cause in making a sale, a ver

Where a sale of merchandise, fixtures, dict was directed for the defendant

etc., is made in bulk, without noin an action to recover a commis

tice to creditors as required by Act sion on the sale of a steam shovel. 287

of March 28, 1905, P. L. 62, the

proper A real estate dealer who has received

procedure to determine the money from purchaser on sale of

question of the creditors' rights is

by writ of attachment under Act of real estate can not set off a debt

March 17, 1869, P. L. 9. and its due him in a matter not arising

supplements

336 out of his agency.

496 BUILDING PERMIT.

BURDEN OF PROOF.

See Evidence. An injunction applied for by a prop

erty owner to restrain the erection BURIAL. and maintenance of a frame build

If there be no surviving husband or ing was refused where a special

widow, the right of burial is in the permit had been granted defendant

next of kin in the order of their reby council after a building permit

lationship to the decedent, as had been refused by the borough

children of

proper age, parents, officer entrusted with the issuing

brother and sisters or more remote of permits, because it did not com

kin, modified by circumstances of ply with a borough ordinance, and,

special intimacy or association with further, where it did not

appear

the deceased, a more distant rethat the erection of the struc

lative, or even friend not conture would increase the fire hazard

nected by ties of blood, having at on plaintiff's property

525

times, under exceptional circumA city ordinance defining the powers

stances, superior right to one and duties of

342 the Department of

nearer of kin Public Safety and Bureau of Building Inspection therein, which em

BY-LAWS. powers and directs the department

See Appeals; Corporations; Insurance. and the bureau to inspect, regulate, supervise and control the construc

C. tion and alteration of buildings and to issue permits in

respect thereto as therein, or thereafter, by

CANCELLATION. ordinance prescribed, and makes it

See Deeds and Mortgages; Equity. the duty of the bureau to examine and pass upon all applications for

CAPITAL STOCK. permits for the construction, altera

See Corporations; Equity; Stockholdtion, repair, use and occupancy of

ers. buildings; approve or disapprove same and issue or refuse to issue CARRIERS. any and all permits, is a restric

See also Assumpsit; Interstate Comtion upon the use of real property

merce. and must be strictly construed.... 529 A stipulation in a bill of lading issued

by the initial carrier of goods for BUILDING RESTRICTIONS.

interstate shipment limiting liabiliSee also Equity; Injunction.

ty for loss to cases in which claim

was made in writing within a speciA preliminary injunction was granted

fied time, is a reasonable provision, where it was clear that defendant

and must be complied with in order was constructing a porch in front

to recover for loss of the goods in of his house in violation of a

transit

446 building restriction. The decree

Defendant railroad was liable in an prohibiting the erection of the

action brought to recover the fair porch was so drawn as to permit

market value of twenty-eight crates the erection to continue in compli

of blackboards, to be shipped by the ance with the restriction, leaving

defendant as initial carrier to the the question to whether the

plaintiff, where the consignor noticonstruction was in compliance

fied defendant at what place the with the restriction to be deter

merchandise was to be found, and mined on final hearing

335

it was no defense that the goods The remodeling of a stable or garage

had been placed in a car or on a into a duplex dwelling house of four

siding connected with another railor five rooms and a bath each was

way. Having accepted

the

shiprestrained as a violation of a build

ment, defendant was lia ble when ing restriction which provided "nor

it failed to deliver.

462 shall any double houses or apartment houses or any other sort or CEMETERY. kind of dwellings except single

A decedent left a widow and one dwelling houses be erected." The

child, father and mother, and express prohibition against a double

brothers and sisters. Upon his (duplex) house or apartment house

death one of his brothers, without was not modified by the words of

the approval or consent of the the exception

608
surviving widow, but contrary

to

as

a

Subject.
Page. Subject.

Page. her wishes, and against her pro

A corporation chartered for charitable tests, caused the body of the de

purposes, having limitation on its ceased to be buried in a lot be

land holdings, and its land used for longing to his brothers. The surviv

farming purposes, for crops to be ing widow purchased a lot in an

consumed, on the place, is not liable other cemetery nearer her nome

for negligence of its employes in where she desired to have the re

setting fire to timber on adjacent mains of her husband buried. The

land. Case distinguished from Windeceased and his wife had lived

nemore v Philadelphia, 18 Superior, happily together throughout their

625, where defendant was operating married life, and were so living at

an office building for profit apart the time of his death. Prior to his

from the main institution...

151 decease they had discussed the

A beneficial society which is to have matter of death and burial, and

subordinate lodges, must be granted had agreed between themselves that

a charter under the Act of April if the wife died first her husband

6, 1893, P. L. 10, not under the Corshould bury her wherever he chose,

poration Act of 1874..

471 and if the husband died first his

Under the Act of June 13, 1911, P. L. wife should bury him at whatever

898. exempting from taxation "all place she might select. No reason

churches, meeting-houses or other was shown for the refusal of the

regular places of stated worship brothers of the deceased to permit

and all grounds thereto annexed the surviving widow to remove the

necessary for the occupancy and enbotiy of her husband to the place

joyment of

the

same, etc.. the selected by her for his last resting

boarding-hall of an associa ior inplace, except the mere arbitrary

corporated for the purpose of holdpreference of his brothers that his

ing annual evangelistical meetings, body remain where already buried.

used by the association to furnish Held: That the surviving widow

accommodations at cost

for perhad a right to remove the body of

sons from a distance attending its her husband to the

new
lot pur-

religious meetings, and forming an chased by her in which to bury

integral of its property, is exempt him

342
from taxation

486

Where real estate was granted and CERTIORARI.

conveyed to a person in charge of See also Courts; Judgments; Mag

a charitable institution managed by istrates.

a religious order and for its use Where, pending an appeal from

and the religious order later retired judgment of a Justice of the Peace,

as managers, the institution being tho defendant also sues out a writ

continued as an unincorporated of certiorari, on motion the writ

charitable organization, it was held of certiorari will be quashed. De

equity had jurisdiction but would fendant is not entitled to both an

determine the rights of the parties appeal and a certiorari

138

only after final hearing. Demurrer If judgment be recovered before a

was not the proper method for dismagistrate without service of the

posing of questions raised

493 summons or notice of any kind that

A devise to a church for a religious suit had been entered, the Act of

use is not void where the church is March 30, 1810. does not deprive the

merged with another, under a difdefendant of the right to a writ of

erent name, the new organization certiorari after twenty days from

containing the members of the the date of judgment. But to ob

former congregations and the same tain relief the writ must issue

character of religious work being within twenty days after notice of

continued in the same community. 74 1 the judgment, otherwise defendant cannot get relief because of his own

CHARTERS. laches On certiorari, a judgment of a justice

See also Corporations. of the peace was a flirmed where

In considering the application of a plaintift sued to recover

lamages

proposed corporation, its name besuffered in repairing an automobile.

conies

of
vital

importance when This was an immediate and direct

such name is similar to that of 2 injury to property, and the justice

corporation already in being, and had jurisdiction

394

when such proposed corporation in

tends to engage On

in the same, or certiorari, a judgment entered

substantially the sa me,

business by a justice of the peace, was held

within the same locality as that valid where after summons and a

transacted by the one already in hearing and due proof judgment

existence, the corporate name is of was entered against a firm without

such importance as to constitute setting out names of the in

the sole ground for the refusal of a dividuals composing the

partner

charter ship

48 575

In the incorporation of a society to On certiorari from the docket of a

be composed of inembers of a foreign Justice of the Peace, an attorney's

nationality, whose purpose, inter docket fee of $3.00 should be al

alia, is “to promote the interests of lowed where the court sustains the

its members by instructing them in judgment of he Justice 01 the

the principles of American citizen. Peace, for such action by the Court

ship and good government, and by is a final determination of the suit

proper educational means,

opand the judgment of the court.... 584 pose any radical agitation or prop

aganda among its members," the CHARGE OF COURT.

court will require the members to See New Trial.

take oath to be loyal and faithful

to the Government of the United CHARITIES.

States, to observe its constitution

and laws and the constitution and Where testatrix executed her will on

laws of the State of Pennsylvania, November 19, 1918, directing that

and to defend the United States the will be dated October 17, 1918,

against all enemies, foreign and dowhich was done and then died on

mestic, in addition to the proposed November 20 1918, the charitable

oath to be true and faithful to the bequests would be inoperative, the

society

76 will not having been executed

An application for a charter incorwithin 30 days of testatrix's death. 136 porating a state bank was refused

248

the

to