Westmoreland Law Journal, Volume 7Tribune Press Publishing Company, 1918 - Law Containing decisions of the Courts of Westmoreland County, Pennsylvania. |
Other editions - View all
Common terms and phrases
Act of Assembly action of assumpsit affidavit of defense agreement alleged appear assessed association assumpsit averment bill of lading bond collateral inheritance tax Common Pleas Commonwealth contract court of equity Crawford damages debt debtor decedent decree deed defendant defendant's distrained distraint divorce draft endorsed enforce entitled equitable right equity Erbeck evidence execution facie fact fendant filed fund Hempfield Township holder inheritance tax inquest issue judgment creditor jury landlord lease legal rights levy liability libel lien ment mode mortgage municipal claim Negotiable Instrument notes obligation owner paid parties payees pending petition petitioner plaintiff plaintiff in error pleadings Pleas of Westmoreland possession premises question real estate Reformed Presbyterian Church rent replevin school district Sheriff statute Stephen Young subrogation sufficient suit surety tenant in common therein thereof thereto tion Township trial Trice unincorporated Unity Township Westmoreland County widow writ
Popular passages
Page 221 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Page 220 - The holder of a negotiable instrument may sue thereon in his own name and payment to him in due course discharges the instrument.
Page 214 - The maker of a negotiable instrument by making it engages that he will pay it according to its tenor, and admits the existence of the payee and his then capacity to indorse.
Page 194 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same parties or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment...
Page 71 - In case of such discontinuance of the employment of the contractor he shall not be entitled to receive any further payment under this contract until the said work shall be wholly finished, at which time, If the unpaid balance of the amount to be paid under this contract shall exceed the expense incurred by the...
Page 51 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 86 - ... a just and equitable contribution by the persons whose interest in the estate of the decedent would have been reduced if the tax had been paid before the distribution of the estate or whose interest is subject to equal or prior liability for the payment of taxes, debts, or other charges against the estate...
Page 86 - ... part of the estate still undistributed or by a just and equitable contribution by the persons whose interest in the estate of the decedent...
Page 71 - ... the expense incurred by the Owner in finishing the work, such excess shall be paid by the Owner to the Contractor ; but if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architect, whose certificate thereof shall be conclusive upon the parties.
Page 91 - ... the procedure upon claims filed therefor; the methods for preserving such liens and enforcing payment of such claims; the effect of judicial sales of the properties liened; the distribution of the proceeds of such sales...