Berks County Law Journal, Volumen9

Berks County Bar Association, 1917
Containing cases decided by the courts of Berks County, Pennsylvania.

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Página 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.
Página 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...
Página 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...
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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...
Página 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

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