Case law

Davis v. Seltzer

18 Pa. D. & C. 442 · Pennsylvania Court of Common Pleas, Philadelphia County · May 3, 1933

Brown, Jr., J., This case is before us on a rule for judgment for want of a sufficient affidavit of defense. … In Com. v.

Globe Consumer Discount Co. v. City Wide Paint Stores, Inc.

45 Pa. D. & C.2d 330 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 25, 1966

Such a declaration of no offset estops defendant from asserting defenses existing prior to entering the agreement: Humphrey v. Tozier, 154 Pa. 410 (1893). … See also Griffiths v. Sears, 112 Pa. 523 (1886). Defendant cannot show he was misled or prejudiced by the agreement, since the agreement was drawn by his own attorney. See Brown v. Pittsburgh, 409 Pa. 357 (1962).

McCarthy v. Panaccio

49 Pa. D. & C.2d 501 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 24, 1969

The Immigration and Naturalization Service and the Board of Immigration Appeals do not now enroll practitioners. … The court has the right to enjoin the unauthorized practice of law: Ginsburg v. Kovrak, 392 Pa. 143 (1958).

Lehnau v. Zim Israel Navigation Co.

62 Pa. D. & C.2d 221 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 26, 1973

In the case of Victory Carriers, Inc. v. Law, 404 U.S. 202 , 92 S. Ct. 418 , 30 L. … See McGrath v. N. V. Reederij “Nautiek,” et al., District Court Civil Action no. 70-3361 (Eastern Dist. Pa., 1971).

Weyl v. Mt. Sinai Cemetery Ass'n

13 Pa. D. & C. 389 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 3, 1930

congregations, to be used only for the interment of deceased human bodies of those who by birth, profession or public declaration shall have been of the Jewish faith, under such restrictions, rules and regulations as the board … NOTE. — See Weyl v. Mt. Sinai Cemetery Ass’n, 12 D. & C. 439.

McLafferty v. Cohen

52 Pa. D. & C.4th 344 · Pennsylvania Court of Common Pleas, Philadelphia County · May 10, 2001

Super. 1999) (arbitration agreements are to be confined to the “clear, express and unequivocal intent of the parties as manifested by the writing itself’); Brown v. D. & P. Willow Inc., 454 Pa. … The first is Brown v. D. & P. Willow Inc., 454 Pa.

Cheetham v. Local No. 222, United Garment Workers

55 Pa. D. & C. 28 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 18, 1945

It is the duty of a reviewing court to ascertain if such a power has been exercised in accordance with the requirements of the fundamental laws of the association: Compare Maloney v. … This requires an impartial hearing, and though the by-laws failed to make such provision our judicial requirements of fair play would insist upon it: See Heasley et al. v.

Estate of Wilkinson

1 Parsons 170 · Pennsylvania Court of Common Pleas, Philadelphia County · Nov 9, 1845

In the case of Foulk v. … Surely, then, in this state of the controversy, the Court are bound to require proof from the legatees, on the authority of Foulk v. Brown, above cited. The case of M’Lean v. Finley, 2 Penna.

Blumenthal v. Rosenblatt & Blum Bros.

5 Pa. D. & C. 763 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 30, 1925

The circumstances were strikingly similar to the case at bar, the wife therein having been the proprietress of a boarding-house conducted on premises occupied also by her husband and herself. … See, also, Foering & Heller v. Chamberlain, 21 Dist. R. 782.

Gourley v. Girard Trust Co.

9 Pa. D. & C. 255 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 12, 1927

When a mortgage creates a trust and provides that the power of sale is to be executed by the trustee under certain contingencies, the rule for the guidance of the trustee is derived from the instrument: Bradley v. … their interests require, it is not improper that he should be governed by the views of the majority acting in good faith and without coercion, if what they ask is not inconsistent with the provisions of his trust:” Shaw v.

Jackson v. Medical College of Pennsylvania Hospital

40 Pa. D. & C.4th 519 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 22, 1998

Struhl also testified he held privileges in gynecology for over 40 years, although he was not board certified in that specialty. … He also informed the jury that he served on several medical boards. Given the liberal standards applied for qualifying an expert, and Drs.

Barclay v. Hughes

1 Miles 19 · Pennsylvania Court of Common Pleas, Philadelphia County · May 30, 1835

The case of Estanson v. Dupuy, 2 Browne’s Rep. 100, and that of Brisbane v.

Sudarkasa v. Glanton

57 Pa. D. & C.4th 472 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 30, 2002

V. BREACH OF DUTY OF CONFIDENTIALITY AND LOYALTY Dr. … Brownsville Golden Age Nursing Home v.

Chicago Coliseum Club v. Dempsey

8 Pa. D. & C. 420 · Pennsylvania Court of Common Pleas, Philadelphia County · Dec 9, 1926

In Indianapolis Water Co. v. American Straw-Board Co., 65 Fed. Repr. 534, 535, Judge Baker says: “Primarily, a deposition is simply written testimony. It is testimony that is deposited or laid down in writing. … Notwithstanding the forcible criticism of Gibson, J., in Gordon v. Little, 7 Sergeant & Rawle, 533, 555, of the practice of taking testimony by commission, and the recent Acts of June 25, 1895, P.

Angermann's Appeal

16 Pa. D. & C. 708 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 20, 1932

Co. v. Northumberland County Comm’rs, 229 Pa. 460 ; P. & R. C. & I. Co. v. Commissioners, 250 Pa. 101 ; Phila. & Reading Coal and Iron Company’s Assessment, 290 Pa. 187 . … See Kaemmerling v.

Butcher v. Tate

4 Pa. D. & C.2d 660 · Pennsylvania Court of Common Pleas, Philadelphia County · Jul 21, 1955

Justice Sharswood in 1869, in Bladen v. Philadelphia, 60 Pa. 464 , and again in 1873, in Pittsburgh v. … Fortney v. Wozney, 326 Pa. 494, 497 (1937).

Kowalski v. Shopping Cart, Inc.

56 Pa. D. & C.2d 571 · Pennsylvania Court of Common Pleas, Philadelphia County · May 3, 1972

See ‘also Bosco v. Lacich, 44 D. & C. 2d 361 (1968). … As the court said in Edmunds v.

Philadelphia v. Spangler

9 Pa. D. & C. 577 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 14, 1927

In Wood v. Philadelphia, 59 Pa. … Therefore, the case of Perkins v.

Collins v. Collins

14 Pa. D. & C. 617 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 31, 1931

Brown, Jr., J., This case is before us on libellant’s exceptions to the master’s report in which he recommended that the libel be dismissed for want of jurisdiction. … The guilty intent is manifested when, without cause or consent, either party withdraws from the residence of the other:” King v. King, 36 Pa. Superior Ct. 33, 36 ; Ulizio v. Ulizio, 96 Pa. Superior Ct. 91, 95 .

Hummel v. Sheehan

52 Pa. D. & C. 492 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 24, 1945

Brown, 46 D. & C. 123, 130 (1942), and cases therein cited. … In a recent opinion (Davis, Exec., v. Brown, supra, at page 135) we stated our views to be: “In a final word, we wish to add that we are not blind to the equities of the plaintiff in this case.