Page images

Page. Subject.

Page. malicious intent, and the intent can

delegating to any special commisbe inferred by the jury by the pos

sion the power to perform any musession of the weapon, if the defend

nicipal function we deem it unnecesant can show that he had a lawful

sary that we express an opinion... 122 purpose in carrying the weapon and

The effect of the XVIII Amendment to did not intend to use

it for any

the Federal Constitution and the malicious purpose, he would be en

National Prohibition Act of October titled to

acquitted of the of-

28, 1919, is to render inoperative the fense


whole license system of the Brooks

Law of May 13, 1887, P. L. 108, CONFLICT OF LAWS,

with penalties for its enforcement, Where an action was brought in

and the Courts of Quarter Sessions Pennsylvania on a judgment re

are, therefore, without jurisdiction covered in New York State, an af

to grant licenses

209 fidavit of defense, in which it was

The Act of July 8, 1919, P. L. 786, rea verred that it did not appear that

lating to municipal improvements an order granting leave to bring this

by townships is retroactive and the action had been made by the Court

title is sufficient

217 in New York in accordance with

An Act of Assembly authorizing suit Section 1913 of the Code of Civil

to be brought against the CommonProcedure of that State requiring

wealth, by an individual named in such an order, was held insufficient

the Act, to recover the value of mato prevent judgment. The pro

terials furnished and work and labor vision in the New York Code had

done in the improvement of a State application outside that State and

road under the direction and superwas not binding on Pennsylvania

vision of the Highway Department, courts, as it was purely a matter

is unconstitutional; being in violaof remedy or procedure.

60 tion of Section 7 of Article 3 of the The Act of April 6, 1911, P. L. 51, was

Constitution of the Commonwealth 218 passed in order to prevent fraud

It would be impossible for Congress and deception in the manufacture

fix any

definite standard, any of sausage, while the Act of Con

fised rate, as the measure for degress of March 1907, 8 U. S.

termining an unjust or unreasonable Comp. Stats., Sec. 8681, providing

rate or charge for commodities. for the inspection of meat,


This because profits must always prohibits the use of unwholesome

depend upon a number of varying ingredients. These statutes do not

elements, including time, place and cover the same field and are not in

circumstance, A fixed standard in conflict, and a conviction under the

practical operation would necesState law for selling in Pennsyl

sarily prove unjust and unreasonvania sausage made in Chicago,

able in the extreme. The words under Federal inspection, was SUS

used in the Act of Congress of Autained

278 gust 10, 1917, known as the Lever The Practice Act of 1912 (P. L. 1912,

Act, were of common use and of p. 397) of New Jersey, which en

well-known meaning. If for profiacts that when a new trial is or

teering and greater gain, the merdered because the damages are ex

chant takes the risk of violating cessive or inadequate, and

for no

the statute, he cannot complain it other reason, the verdict shall be

the jury denounces his act unset aside only in respect of dam


289 ages, and shall stand good in all

The Act of Congress of October 22, other respects," is not binding upon

1919, known as the Lever Act, in the Federal Courts; impairs the

so far as it declares it to be “unright of trial by jury and offends

lawful for any person wilfully to the Constitution of the United

make any unjust or unreasonable States


rate or charge in handling or dealWhen a Pennsylvania concern orders

ing in or with any necessaries,” goods from a firm in New


is vague, indefinite and uncertain, be delivered in the former state.

and because it fixes no immutable the sale is made in New York, and

standard of guilt, but leaves such is not such a conducting or carry

standard to the variant views of the ing on of business in Pennsylvania

different courts and juries which as to bring the New York firm

may be called on to enforce it, and within the purview of the “Fic

because it does not inform defendtitious Name" Act of July 28, 1917,

ant of the nature and cause of the P. L. 645


accusation against him, is constitu

tionally invalid, and demurrer by CONSTITUTIONAL LAW.

the defendant sustained

293 The words "concurrent power" in the

The granting of a new trial in an Eighteenth Amendment to


action of trespass on the sole United States Constitution prohibit

ground that the damages awarded ing traffic or use of intoxicating

were inadequate and directing that liquors are intended to authorize

at the retrial the jury should only either the State or the Federal Gov

pass upon the amount of damages ernment to carry the amendment

suffered by plaintiff was in conflict into effect, and if the State imposes

with the seventh amendment to the severer restrictions than those im

Constitution of the United States, posed by Congress the State laws

which provides that “the right of may, within the confines of the

trial by jury shall be preserved". 401 State be enforced

56 The Acts of Assembly creating the To vest in the Public Service Com

Juvenile Court of Allegheny County, mission authority to fix water rates

Pennsylvania, are not unconstitufor the city is to deprive the latter

tional in that they take away the of one of its charter rights on the

right of the people to be secure in faith of which it has incurred debts

their persons, houses. etc. The and levied taxes-a right granted

Juvenile Court has jurisdiction of generally and specifically and never

children under the age of sixteen withdrawn. Whether the vesting of

years, and, having lawfully acquired this right in the commission offends

jurisdiction, the minor is


enagainst Section 20, Article III, of

titled to a trial by jury on reachthe Constitution, which prohibits

ing the age of sixteen, he at that



Page. Subject.

Page. time being in the custody of the

and the Constitution of the ComCourt as a delinquent..

414 monwealth of Pennsylvania...... 534

The adoption of the XIX Amendment The Pennsylvania Public Service Com

to the Constitution of the United mission entered an order fixing the

water entire annual revenue of a

States strikes out of Pennsylvania's

Constitution and laws the word company. The company appealed to

"male" so that every citizen 21 the Superior Court of Pennsylvania, alleging that the Commission's

years of age, possessing the qualifiorder was confiscatory, and, there

cations required by law as to resifore, in violation of the Fourteenth

dence, assessment, registration and

payment of taxes, shall be entitled Amendment to the Constitution of

to vote at all elections and a bolishes the United States. The Superior

all the Court reversed order

distinctions on on the

account of sex

as to the right to vote without ground that it was confiscatory. The

further state legislation the other appel

545 Commission and

Ordinances of the City of Pittsburgh, lees in the Superior Court then appealed to

dated May 22, 1920, establishing a the Supreme Court of

bureau to control the sale of corPennsylvania and that Court


porate stocks, bonds or evidences of versed the judgment of the Superior Court and reinstated

indebtedness within the city and to the order of

determine whether such securities the Commission on the ground that under

were bona fide as well as the ordithe Pennsylvania Public Service Company Law

nance of February 18, 1920, requirthe courts

ing all sellers of corporate securicould not decide such a case upon

ties to take out a city license, were their own views as to the weight of the evidence, but must uphold

held to be void on a bill filed by a the Commission's findings of fact, if

taxpayer in that the city had no those findings are supported by sub

authority under its charter to pass stantial evidence, and that in the

ordinances except on matters purely case at bar the Commission's find.

municipal, and the sale of stocks

and bonds is not a municipal matings were supported by substantial

ter evidence.

561 Upon a writ of error allowed by the Supreme Court of the

A trust company cannot legally invest

trust funds in bonds issued by a l'nited States, on the application of the Water Company, Held:

private corporation, the security for (1.) That the order of the Com

which is a mortgage covering the mission was legislative in character

real estate of the corporation. This art that the water company was

is not a legal investment in Pennentitled to a judicial review of that

sylvania and is prohibited by Ar

ticle III, Section 22, of the Constiorder:

tution of Pennsylvania

608 (2.) That where an order of a

Plaintiffs were employed by a railroad Public Service Commission prescribes

and recovered a verdict on cona complete schedule of maximum

tract for materials furnished the future rates and is alleged to be confiscatory, the State must provide

railroad company contrary to Sec

tion 1 of the Act of May 15, 1874, a fair opportunity for submitting

P. L. 178. and of Section 6 the issue of confiscation to a judicial


Article XVII of the Constitution of tribunal for determining upon its

Pennsylvania. Where plaintiff failed own independent judgment as to both law and facts; otherwise the

to prove that it was a Pennsylvania order is void because in conflict with

corporation or did business in the

state, the Court could not the due process clause of the Four

take teenth Amendment to the Constitu

judicial notice of these facts.... 705

A man's home cannot be entered lawtion of the United States;

fully to make search for and the (3) That the Supreme Court of Pennsylvania interpreted the Penn

seizure of liquor therein without a sylvania Public Service Company

search warrant properly obtained on

due cause shown. Law as withholding from the courts

Otherwise the IV

Amendment to the Federal Constipower to determine the question of

tution is violated confiscation according to their own

724 independent judgment and that, therefore, the plaintiff in error has

CONTAGIOUS DISEASE. not succeeded in obtaining the re

See Health, view for which the Fourteenth Amendment requires the


State to provide;

A material man may maintain an ac(4.) That, unless an opportunity

tion in his own name against the for such a judicial review is now

surety on a bond given by the conavailable and can be definitely in

tractor for the construction of a dicated by the Pennsylvania Su

State highway under the Act of May preme Court, the order of the Public

31, 1911, P. L. 468, where the conService Commission is invalid:

tractor neglected and refused to pay (5) That the judgment of the Su

for the materials furnished... 540 preme Court of Pennsylvania must

A mechanic's lien filed by a contracDe reversed and

cause re.

tor for "labor and materia fur. manded there for further action not

nished" and attaching an itemized inconsistent with the opinion of the

statement was sufficient and rule to Supreme Court of the United States 417 strike off discharged

577 A municipal ordinance prohibiting street parades, public meetings and

CONTRACTS. other public assemblages without a

See also Assumpsit; Equity: Real Estate. permit to be issued by the mayor,

Equity decreed specific performance who shall first be satisfied "that the

of a written agreement for the sale same shall not be detrimental to the

of real estate where defendants, the public interests," is not void, illegal,

vendees, refused to accept the deed unfair, discriminatory, oppressive or

proffered by plaintiffs, the grantors, unreasonable, and is not in violation

and entered judgment against the of the constitutional rights of the

defendants for the unpaid balance of people to free speech and free as

the purchase money, as well as the semblage. as guaranteed under the

execution of a bond and mortgage Constitution of the United States

provided for in the agreement....



Page. Subject.

Page. Contracts made in direct violation of

court of competent jurisdiction, was the prohibitory terms of a statute

not only a lunatic without lucid inare unlawful, and, therefore, unen

tervals, but also while his estate forceable, even though the statute

was in the hands of a committee regulating them does not specifically

duly appointed. That decree fixed declare them to be void


the status of the lunatic and that An agreement between two partners,

status continued until he was by when they dissolved the partnership,

proper proceedings restored to that defendant would refrain from

sanity. This was a final judgment soliciting insurance for a specified

of the Court, and the effect of it time within the same city, was en

was that defendant was conclusively forceable and defendant was enjoined from soliciting further busi

presumed to be incompetent to enter

into any such contracts as those ness. The payment by plaintiff of

involved whereby his estate might the partnership liabilities on speci

be charged

182 fied terms agreeable to both parties

Where plaintiff contracted in writing was a valid consideration for such

to buy an automobile from defend

43 an agreement

ant and then entered into a verbal A husband living separate from his

agreement pending the arrival of wife by agreement under which he paid a stipulated sum and was re

the car, it was held, in an action to leased from all claims, liabilities and

recover the amount paid, to be cominterests by reason of the marriage,

petent to prove the terms of the

collateral agreement in that is not liable for the funeral expenses

this of his wife not incurred by his

evidence did not vary or contradict order 86


the terms of the writing. A written contract was entered into

Equity will restrain the County Com

missioners from awarding conbetween a rich man and his housekeeper and nurse, by the terms of

tract for public work where the bid which it was agreed that if the lat

was incomplete and inadequate, not ter should continue in the service

in conformity with the advertised of her employer and continue to

proposals, nor in compliance with render him service as theretofore as

the instructions regulating bids requiring unit prices

201 long as he should live, which she agreed to do, she should be paid by

In the ordinary acceptation the word

"premium" as used in her employer's executors or admin

connection istrators immediately after his

with county fairs implies a reward death the sum of $500,000. The em

depending upon competition. It does

not ploye died thirty-four days prior to

mean sums paid pursuant ta the death of her employer, having


236 continued in his service up to that

Where plaintiff sued to recover comtime. In an action by the employe's

missions on sales of goods for the administrator against the employer's

· defendant company, the defendant executor to recover on the contract,

could not escape liability by setting on the ground of substantial per

up a provision in the contract that formance thereof, $325,000 was paid

commissions were to be paid on orin settlement of the action. Later,

ders “subject to the acceptance of ten per cent. of the amount realized

such orders and "for goods actually

shipped." on the contract was claimed by at


a construction torneys, who alleged that they had

would open the doors to fraud which prepared for the employe the writ

could be used to the detriment of ten contract executed by the par

others. Whether orders accepted ties, under an oral agreement with

but not shipped were refused arbiher that for all services rendered

trarily was a question for the jury her in the preparation of the writ

and new trial refused after verdict ten contract and in the subse

for plaintiff

241 quent litigation growing out of it

A contract for the sale of real estate they were to receive from her ten

encumbered by a mortgage would be per cent. of the amount realized

merged in the deed only to the exon the written contract, which oral

tent of the land sold and that covagreement was entered into between

ered by the deed. There would be the attorneys and an agent of the

no merger where the land conveyed employe. The court found as a fact

was not included in the deed and there was such an oral agreement

assumpsit would lie to recover on between the parties. Held: In the

the mortgage

267 audit of the estate, that the claim

Individuals conducting business as a of the attorneys must be paid....


partnership under an assumed name The Workmen's Compensation Act of

cannot maintain an action in asJune 2, 1915, P. L. 736, applies solely

sumpsit for goods sold and deto persons lawfully employed. II

livered in the partnership name, not by express words, by strong im

without first having compiled with plication it excludes minors whose

the Act of June 28, 1917, P. L. 645. employment is prohibited by law.

such a contract is unenforceable.. 313 The prohibitive provision as to

Judgment was entered for defendant minors-in the Act of May 13, 1915

in an action to recover ou a contract ---bars contractural


drilling other

an oil or any

well, or


plaintiff having "refused to legal relations between minors and


ceed further with said work until employers. It is plain that contracts of

defendant made a payment on acemployment within the

count," where there was an enscope of the Workmen's Compensation Act must be such as recognized

tire contract, and under its terms

payment was contemplated only by and not in violation of law So

after the well had been completed. 329 that a minor under 18 may recover

The Commissioner of Forestry is not an action at law for personal in

a constitutional officer, and his juries and not by proceedings

powers are exclusively derived from under the Workmen's Compensation

the legislature. No statute has conAct

102 ferred upon

the commissioner the Binding instructions in favor of the

authority to sell timber on State defendant were given in an action

forest lands so that such contracts of assumpsit where the contracts

are absolutely void

345 were made during the period when

In an action to recover the balance the defendant, by a decree of a

due on a written contract for the


Page. Subject.

Page. transfer of а. coal mine and its

cash or in specie, but such a stipequipment, where defendant, after

ulation must be in proper form.... 497 an inital payment, was placed in

The president of a corporation could possession, it was not error to re

not, without the approval of the fuse to sustain objections to de

board of directors, make a valid fendant's offer to Prove the cir

contract with the superintendent, cumstances which led to the mak

who was also a director, to pay a ing of the agreement, defendant

bonus of 5 per cent., provided he being familiar with the mine and

did certain things in regard to a not having alleged fraud, accident

contract where, under the by-laws, or mistake

the directors were empowered "to Plaintiff's statement of claim based

appoint, and at its discretion, reupon a verbal contract and which

move or suspend such officers, mandid not allege an express or implied

agers, subordinates, assistants, or contract on the part of defendant

otherwise, and clerks, ageats and to pay a definite sum for services

servants, permanently or temrendered will not support a judg

porarily, as the board may think ment in default of an affidavit of

fit, and to determine their duties defense, said judgment being fixed

and fix from time to time, change at a definite amount as damages

their salaries, and to require seand rule to open judgment abso

curity in such instances and in such lute

382 amounts as it may deem proper".. 518 A contract entered into by one who

A mechanic's lien may be filed for an does business under an assumed or

incompleted part of the contract fictitious name, without first having

to finish the building, where claimregistered under the Act of June

ant's failure was due largely

to 28, 1917, P. L. 615, is unenforce

defendant's not having made payable and judgment entered for de

ments from time to time' as profendant 385 vided in the agreement

577 In assumpsit to recover the balance

Failure of plaintiff to buy all his coal due on a lease of a coal mine, it

from defendant defeated his right was a question of fact for the jury

to recover from defendant for failto determine what credits were to

ure to deliver coal under a contract be allowed where plaintiff and de

which provided : "Entire

requires fendant differed on the several

ments from date to April 1st, 1917," amounts under the terms of the

144 inch lump coal at the rate of contract and new trial refused .... 429 $1.70 per ton of 2,000 pounds f. 0. A letter from the shipper to the in

b. the mine, and shipments were itial carrier to the effect that the

to be advised by the buyer in "apshipment had not yet reached its

proximately equal monthly quantidestination, with request that it


606 be traced. does not constitute

Where the defense was partial failure claim within the meaning of a con

of consideration in the purchase of tract limiting liability


a coal mine in that there was less A bank which maintained a steamship

coal than represented by plaintiff, department and accepted money for

it was error for the court to strike the transportation of certain per

out testimony relating alleged sons from Poland to the United

representation on the ground that States upon a contract which pro

it varied the terms of а written vided: It is agreed between pur

agreement. This evidence was chaser and this bank that in case

necessary to prove the actual passengers are unable to come, re

amount of coal and the loss. It did fund will be made, at the prevailing

not alter or vary the written terms rate of exchange less advances

but showed failure of consideramade

passengers and

703 incurred. Passengers to be located

It is very doubtful if a court would and passage to be advised by railo

sustain an illegal contract because graph, No refund will be made it

the defendant had not alleged the passengers returned from New

facts constituting that contract ilYork by the United States Im

legal in his affidavit. of defense. migration Authorities, and then

The general rule is, that if it forwarded the money to an ocean

appear in the trial of the case that steamship company but failed to

the contract is illegal, then the transport the passengers, was held

courts will
not enforce that

conliable in assumpsit for the return


705 of the money and it was no defense

A joint contract gives a right of joint that a state of war and the taking

action, not separate action by over of the property of the steam

of the

parties jointly intership company by the custodian of

ested; but there

seems to be no alien property had made more diffi

principle of law which forbidis & cult the performance of the con

number of parties jointly concerned tract. The contract is in the altern

in a contract to permit one of them ative and could be performed at

to represent all and act for all in any time by defendant returning

suing for their joint rights, so long the money

449 as the record protects the defendant A contract providing for free gas as a

against a multiplicity of suits..... 784 condition for granting a franchise

A verdict of $2,400 for plaintiff was within the city, which relieves the

sustained where the contract for City from the rules adopted by

electrical work was oral except that the defendant regulating services

that plaintiff in a letter stated the and obligates the defendant to

work can be done for approximfurnish natural gas upon terms

ately $1,200" and then proceeds different from that which the de.

to state that "ninety

per cent. fendant requires from other cus

(90%) of their work was done on tomers, is discriminatory in char

the cost, plus basis, i. e., twenty acter. To permit the defendant io

per cent. plus actual cost of labor furnish gas without expense to the

and material and that they have City would make a distinction be

no doubt that will be the cheapest tween a municipality and an in

way." Defendant had no cause to dividual, which is not justified by

complain when the court submitted the Act of July 26, 1913, P. L.

this question to

the jury on this 1374 481 basis, and appeal refused.

859 Legatees or their representatives may

Under the second paragraph of the by agreement, to be approved by

Act of July 10, 1919, P. L. 910 the court, elect to take either in

only teachers in school districts of




Page. the fourth class who were employed for the school year of 1918-19 and were in receipt of less than $100 a month, are entitled to an increase of 25 per cent. in salary. Hence, a teacher who was employed on the first Monday of September, 1919, cannot bring herself within the Act on the theory that her predecessor was employed during the year 1918-19 at $65 a month and would have been entitled to the increase had she remained in the

employment of the district.........860 CONVERSION. See Descent and

Distribution; Real
Estate; Wills.


See also Parole.
The clear implication of Section 14 of

the Act of June 19, 1911, P. L.
1055, as amended by the Act of
June 3. 1915, P. L. 788, relating to
the parole of convicts, is that the
convict is not required to serve
the remainder of his term without
computation where after parole, he
went to another state was arrested
but paroled after conviction of the
second offense and returned to the
penitentiary in Pennsylvania and
was serving out the remainder of
his first sentence. He could be re-
leased a second time on parole by
the Governor on the recommenda.
tion of the Board of Inspectors of
the penitentiary

255 An inmate of a state penal institu

tion, doing work under direction of
the Prison Labor Commission, is an
industrial worker within the mean-
ing of the Rehabilitation Act of
July 18, 1919, P. L 1045, and is
entitled to the benefits of a phy-
sically handicapped person in conse-
quence of an injury sustained while
thus employed

488 CORPORATIONS. A corporation formed by the merger

of two corporations incorporated for
the purpose of storage and transpor-
tation of water and water power
for commercial and manufacturing
purposes and authorized by the Act
of July 2, 1895, P. L. 425, to con-
vert its water power into electric
power and to distribute electric cur-
rent to the public, is not an electric
light company,

within the Act of
June 1, 1889, P. L. 420, so as to be
subject to

a tax
on its gross


49 A water and water power company is

not taxable on its gross receipts de-
rived from the transaction of elec-
tric lighting business.

51 In the incorporation of a society to

be composed of members of a for-
eign nationality, whose purpose,
inter alia, is "to promote the in-
terests of its members by instruct-
ing them in the principles of Ameri-
can citizenship and good govern-
ment, and by


educational means, to oppose any radical agitation or propaganda among its members," the

court will require the members to take oath to be loyal and faithful tơ the Government of the L'nited States, to observe its constitution and laws and the constitution and laws of the State of Pennsylvania, and to defend the l'nited States against all enemies, foreign and domestic, in addition to the proposed oath to be true and faithful to the society.

76 The Act of June 4, 1915, P, L. 828, im

poses a tax on the transfer of shares


Page. of the capital stock of a corporation even though it may invest the holder with merely the legal title.

103 When rendering the same character

of service as public service com-
panies, municipalities for many
purposes must be considered and
treated like private corporations,
but, for purposes of supervision
over their internal management it
can readily be seen they may justi-
fiably be put on a different basis
from ordinary pubiic service com-
panies; for, though engaged in
rendering the same kind of service
as the latter, they are entitled to

derive therefrom a just gain...... 113 An offer of $225,000 for the assets of

a corporation was found to be a
good price where the testimony
placed the value between that fig-
ure and $400,000, but that this was
the only offer that had been made
after long continued efforts. It
would be reasonable to suppose that
if the property was worth more a
better price would have been ob-

tained after such strenuous efforts 225 The court found that the corpora

tion's assets and business were im-
periled and that it was impossible
for the corporation to carry on its
business and discharge its func-
tions with advantage to all of its
stockholders. Held, that equity and
good conscience and the preserva-
tion of the property and business
of the corporation made it im-
perative that receiver be

pointed to take charge of its
property, assets, business and

affairs, who should, under the supervision of the court, control and carry on the business to the best interests of all the stockholders until such time as, in the opinion of the court, the relations of the stockholders to each other would properly permit the restoration of the control of the business to the directors of the company, and until the court

thereupon should decree further... 465 A beneficial society which is to have

subordinate lodges must be granted
a charter under the Act of April 6,
1893, P. L. 10, not under the Cor-
poration Act of 1874....

471 By the Act of 1913, the Legislature

provided an entire and complete
system for the supervision and reg-
ulation of public utilities in this
State. It provides that such com-
panies shall render and furnish
services at prices, rates or compen-
sation that shall be just and rea-
sonable; file with the Commission
a schedule showing the prices or
rates, and shall not "make or give
any undue or unreasonable prefer-
ence or advantage in favor of or to
any person, or corporation or any

481 The president of a corporation could

not, without the approval of the
board of directors, make 2 valid
contract with the superintendent,
who was also a director, to pay a
bonus of 5 per cent., provided he
did certain things in regard to a
contract where, under the by-laws,
the directors were empowered ''to
appoint, and at its discretion, re-
move or suspend such officers,
managers, subordinates, assistants,
or otherwise, and clerks, agents
and servants, permanently or tem-
porarily, as the board may think fit,
and determine their duties and fix
from time to time, change their
salaries, and to require security in
such instances and in such amounts
as it may deem proper.".


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