founded, and dismissed the same without submitting a report thereon to cuncil for action. Subsequently at the time fixed, the council heard the charges, and against the vote of the mayor and one councilman, adjudged the policemen guilty of insubordination and disobedience to the orders of the chief of police, and discharged them. Held, on writ of mandamus brought by the discharged policemen, that the action of council was void for want of jurisdiction and that the policemen discharged as aforesaid must be restored to their positions. -BUTTORFF V. CITY OF YORK, 42 CITIZENSHIP. Contracts-Resale of eggs-Rule for judgment Expenses- Market priceCustom sales Act of May 9, 1915, P. L. 543. A rule for judgment for want of a sufficient affidavit of defense was discharged where, defendant having refused to accept a car load of eggs, plaintiff shipped the same to another market and sued for the difference in the contract price and the amount realized and added the costs incident to the re-sale. This extra outlay was a matter of proof outside the contract, and not having taken a rule for a partial judgment on the Rail-contract, plaintiff was not entitled to a judg Removal of Cause-Diversity of citizenship-Record, verity of. -HARDINGE V. KUNTZ ET AL., 121 COMMON CARRIER. Common carriers Contracts- ment. -HILMER V. MARCUS, 130 Contracts Commission on sales Vendor and vendee Assumption of debts of vendor - Vendee of business any part or any stipulation of a bill of lad-may be sued directly for breach-Pracing, and a suit begun after the two-year tice Act of 1915—Account. A common carrier has no right to waive limitation has expired cannot be sustained by alleging a waiver of the limitation by the carrier. A suit against the Director General of Railroads based on a bill of lading for goods shipped over the railroad on December 1, 1917, is not sustainable where it appears that he did not take charge of the operation of the railroad until January 1, 1918. The statement, under the Practice Act of 1915, is required to sct forth concisely only the material and issuable facts, not matters of proof or inconclusive details. Where the suit is upon a bill of lading, the plaintiff is not required to negative the exceptions to the liability assumed by the common carrier, as therein stipulated. One who wants to One who buys the business of another and all assets thereof and agrees as part of the consideration to assume the executory contracts of the vendor, may be sued directly for a breach of a contract assumed by him. On a claim for commissions on sales made by defendant in plaintiff's exclusive territory where the amount thereof can be ascer. tained only from defendant's records, it is improper for plaintiff to estimate the amount of commissions due him and sue for a lump sum. Under the eleventh section of the Practice Act of 1915 plaintiff should ask for an account. -JOSEPH SCHLESINGER V. NEW YORK & Contracts---Sales by agents-Payment take advantage of such exceptions has the to agent-Authority to receive money. burden of showing his right thereto. -SADLER V. DIRECTOR GENERAL OF RAIL ROADS, 99 COMMON PLEAS. -SHEPPARD-STRASSHEIM CO. V. DiMARTE, 207 Equity-Equitable relief-Sale of real estate-Fire insurance Jurisdiction Common pleas and Or--WALTERMYER V. KING, 77 phans' Court-Decedent's estate-Weakminded person. -IN RE DAVIDSON'S ESTATE, 60 CONSTITUTIONAL LAW. Orphans' Court Jurisdiction-Contract of executors-Specific performance. -ESTATE OF JOHN SCARLETT, DECEASED, 96 Practice--Joint contract---Suit by trus Criminal late-- Removing barriers on tees for parties plaintiff. state highway--Indictment for-Demur--RICK, TRUSTEE, V. BELL, 96 Common carriers - Contracts Railroad companies Bills of lading Waiver of provisions-Practice, C. P. An application for a charter under clause XIV of the Act of July 15, 1897, P. L. 283, should specify the name or names and char Suit against wrong person-Practice, C. acter of the society or societies for which P-Plaintiff's statement RequisitesPractice Act of 1915. -SADLER V. DIRECTOR GENERAL OF ROADS, 99 RAIL the corporation is to act as trustee. -APPLICATION FOR INCORPORATION, &c., 123 Equity Corporation Bill by stockholder-Issuing new shares Pleading Fraud-Contract, recission of Corpo- prior demand General rule-Demurrer. ration, salary of officer of. -WILSON V. BROWN ET AL., 104 —LAFEAN V. AMÉRICAN CARAMEL CO. ET AL., CRIMINAL LAW. NO. 2, 5 Municipal corporations - Counties Criminal late-Automobiles--Stopping -Highways-Indictment Act of June A proceedings by indictment for the of Municipal contracts Contracts in ex- 30, 1919, P. L. 678. cess of $100-Advertising for bidsAward to lowest and best bidder-Con-fense of refusing to stop a motor car at the tracts for professional skill, knowledge and judgment. -IDELL V. COUNTY OF DELAWARE, 188 CORPORATIONS. request of an officer of the State Depart ment of Highways, is coram non judice and void, there being no such offense at common law, and no statutory provision that would support an indictment. By sections 26 and 33 of the Act of June Fraud-Contract, recission of Corpo- 30, 1919, P. L. 678, such offense is defined ration, salary of officer of. If the defrauded party to a contract elects to rescind he must act promptly after the discovery of the fraud; and he can not repudiate the transaction in part and adopt it as far as it is beneficial. A resolution by a board of direct rs fixing the salary of the president of a corporation is not void because the president, as a member of the board voted for it, when there were sufficient other votes for it to pass it without his vote. Schaffhauser v. Armholt & Schaffer Brewing Co., 218 Pa., 298, distinguished. Where a corporation by resolution fixes extra compensation for its officers, no formal contract is required between the corporation and the officers to fix the liability of the corporation for payment; such a resolution when acted upon is in itself sufficient evidence of the understanding between the corporation and its employees. -LAFEAN V. AMERICAN CARAMEL CO. ET AL. NO. 2, 5 Corporations of first class-Charter— More than one purpose-Acts of April 29, 1871, P. L. 73, and July 15, 1897, P. L. 283. A corporation should be devoted to a single purpose, and where the application for and made punishable by fine to be collected by process of summary conviction, subject to the right of the accused, at his option, to be tried by a judge of the court of quarter sessions rather than by the magistrate, upon entering security; but this gives no general jurisdiction to the quarter sessions to be exercised by indictment. -COMMONWEALTH V. SUTTON, 19 Criminal law-Bankruptcy-Disposing of goods to defraud creditors-Evidence. Dotendart was properly convicted of disposing of his property with intent to deraud credit rs and new trial refused, where it appeared that shortly before filing a voluntary petition in bankruptcy he had largely increased his purchase of goods, and the schedules filed showed that he had practically no debts except for goods purchased just prior to his bankruptcy. Fradulent de sign in such cases must be inferred from the surrounding circumstances. Checking out of his acc unt in a bank on the day prior to filing a voluntary petition in bankruptcy was evidence strangely persua sive that defendant was guilty of disposing of his property to defraud creditors under the Act of April 22, 1903, P. L. 242. --COMMONWEALTH V. LEVENTHAL, 20 Criminal law Removing barriers on a charter for a corporation of the first class, state highway-Indictment for-Demur sets forth two or more separate and distinct objects, the application will be refused. The erection of halls for public or private purposes, and the holding in trust of properties for unincorporated associations, are the tetinet and unrelated purposes. rer-Misdemeanor · Constitutional law -Notice in title-Act of May 31, 1911— Summary conviction. The Act of May 31, 1911, P. L. 468, relating to state highways is not une nstitutional. State officials have the right to protect an accomplice should be received with their work pending an improvement, which caution, where it appears there can only be done by rules and regulations, and it is not necessary that the title of the Act of May 31, 1911, should directly confer upon the highway commissioner the right to make rules and regulations, or set forth the penalty for the violation of the same. The title to an Act need not be an index of its contents, but it is enough if it calls attention to and gives notice of the subject of the Act and the matters contained therein so as to lead to inquiry. was evi dence of corroborating circumstances, and it appears that such evidence was sufficient to sustain the verdict, it will not be disturbed. -COMMONWEALTH V. DUBBS, 112 Criminal law- Fornication and bastardy-Failure to comply with sentenceDischarge from imprisonment Act 24 May, 1917, P. L. 268, and Act 4 June, 1901, Sec. 6, P. L. 404. Under Section 17 of the Act of May 31, A defendant guilty of fornication and bas1911, the violation of the rules and regula- tardy who has been committed to jail for tions of the highway commissioner is made failure to comply with the sentence of the a misdemeanor and the subsequent provision Court is not entitled to a discharge from as to summary conviction cannot be en-imprisonment after being confined for three months. Procedure in forced. -COMMONWEALTH V. ESBENSHADE, 36 no such cases is longer regulated by Sec. 6 of the Insolvent Act 4 June, 1901, P. L. 404, but by Act 24 -KOCH PETITION, 120 Criminal law-Fugitive from justice- May, 1917. P. L. 268. Defendant absent from the state on military service. Where a defendant was inducted into the service of the United States and left the State of Pennsylvania for a camp in an Criminal law-Jurisdiction and practice, O. and T.-Order to bring an accused prisoner from the county jail to the district attorney's office. other state, in which he remained for six Accused, but untried, prisoners are not to be brought from the prison to which they have been committed by informal "orders.” Their presence may be secured at proper places by writ of habeas corpus. An untried prisoner's desire for the presence of his counsel, at any inspection of his person by the Commonwealth's witnesses is reasonable, and no such inspection should Untried prisoners are in the custody of the Court. Neither the police nor the District Attorney have any control of them. -COMMONWEALTH V. BRINES, 135 To be a fugitive from justice, it is not necessary that the party charged should Their detention before trial is an evil jushave left the state in which the crime is tified only by strong necessity. It should alleged to have been committed, after an in-not be aggravated by the infliction of any dictment found, or for the purpose of avoid- unnecessary indignity. ing a prosecution anticipated or begun, but simply that, having within a state committed that which by its laws constitutes a crime when he is sought to be subjected to its criminal process to answer for his offence, he has left its jurisdiction and is found within the territory of another. -COMMONWEALTH V. ROPER ET AL., 15 Criminal law-Practice-Evidence not reported Uncorroborated testimony of accomplice. Criminal law-Indictment-Statute of limitations. After trial and conviction on an indictment charging fornication and bastardy, the defendant moved for arrest of judgment, alleging that the indictment upon its face showed that it was found two years after the commission of the crime and failed to allege that the defendant had not been an inhabitant or usual resident of the state. Held: that it is not essential to set forth in such indictment that the defendant had not been an inhabitant or usual resident of the state, and that the Commonwealth may by evidence toll the statute. The trial judge having died, and evidence not having been reported, motion for new trial will be considered on the evidence as stated from recollection of counsel, Although the uncorroborated testimon" cfl -COMMONWEALTH V. JERMOSKA, 163 Criminal laze-Embezzlement by ceny. If it does not so satisfy you, your broker-Embezzlement by agent-Suffi- verdict should be not guilty." And in ciency of evidence-Charge-Reasonable charging on the counts on which there was a doubt, sufficiency of charge on-Failure in this case beyond a reasonable doubt that to request more specific instructions—the defendant was the bailee of these goods, Appeal, new theory on. conviction said, "If you find on the evidence this money or this check, with the duty to The receipt of a check by an agent or a return it again to Mr. Lonergan, and, instead broker who diverts the proceeds thereof of returning it, he appropriated it to his own from the object for which it was received use, then he would be guilty of that charge. and unlawfully appropriates the same to his If you do not find these facts, then your duty own use, though he may not handle the curwould be to find him not guilty of this rency itself, is sufficient to constitute the of-charge"; and no request was made for more fense of embezzlement by an agent or by a broker. particular instructions. The appellate court will not consider an appeal on any new theory or attitude toward A verdict of guilty on counts in an indict-the trial of a case which was not properly ment charging embezzlement by broker and before the trial court. embezzlement by agent will not be set aside where the undisputed testimony showed that the prosecutor and the defendant had negotiated for the purchase by the prosecutor of a large consignment of flour; that shortly thereafter the defendant notified the prose -COMMONWEALTH V. WILT, 181 Criminal late-New trial-Evidence of complaint of rape-Evidence admissible on one count but not on another-Reputation, value of evidence of-Charge on cutor that the flour had arrived and was Where questions of fact have been properly submitted to a jury on conflicting testimony, a verdict will not be set aside merely because the conclusion of the jury was not that which the trial court would have reached on the same evidence. pers' draft for the same; that the flour was consigned to the shippers themselves, with a draft on the defendant for the shippers' price thereof attached to the bill of lading; that the defendant received from the prosecutor the latter's check for the total amount the prosecutor was to pay for the flour, for Evidence of complaint by an alleged victhe express purpose of paying the draft and tim of rape made to her mother at the first making delivery of the flour to the proseopportunity, although made about three cutor; that the defendant deposited the check months after the alleged crime was committo his own account and checked out the pro-ted, is admissible on the trial of an indictment for rape. ceeds for his own use; that the draft was not paid, and the shippers sold and delivered the A verdict of guilty on one count of an inflour elsewhere; and where the prosecutor dictment will not be set aside and a new trial testified that the defendant was only the "go-granted because of the admission of evidence between" for the purchase and sale of the inadmissible to sustain the count on which flour, and that he had bought it from the shippers; and practically the only defense was the defendant's uncorroborated testimony that he was not a broker or agent, but a jobber in the transaction, and as such was himself the owner of the flour which he sold to the prosecutor. the defendant was convicted, but admissible to sustain another count in the indictment, which evidence the court instructed the jury to disregard, because all the evidence submitted was not sufficient to sustain a conviction on the latter count. Evidence of reputation does not present a In the absence of a request for more speci-distinct issue; it is to be considered by the fic instructions, a charge to the jury will jury in connection with all the other evidence not be held inadequate on the question of reasonable doubt, where the court instructed the jury that if they find the essential facts "beyond a reasonable doubt" they should find the defendant guilty, and if they "do not find these facts, then" their "duty would be to find him not guilty." in the case in passing upon the general issue. In the absence of a request for other instructions as to the consideration to be given to evidence of good character, a new trial will not be granted where the court charged on this branch of the case: "The defendant has produced, along with all the other evi A trial court will not be reversed for in-dence, about eight or nine other witnesses, sufficient instruction of the jury as to rea- you will remember, that testified to the good sonable doubt, where in charging the jury on character of the defendant as to chastity. two counts on which there was an acquittal That evidence shall be taken and considered the court said, "If the evidence satisfies you by you as evidence in favor of the defendant, of these facts beyond a reasonable doubt, it It shall be weighed as substantive evidence, wuld be your duty to find him guilty of lar-together with all the other evidence. Stand putable, and this right is not affected by the ing by itself alone, it has no practical weight, with the title, his right to the crops is indis- -COMMONWEALTH V. KELLER, 185 CROPS. Decedent's estate - Crops, harvested and on premises—Real estate. -LOGAN'S ESTATE, 1 DAMAGES. Where a married woman and her husband Pleading-Plaintiff's statement-Affi- quired to account for those crops. davit of defense-Questions of law- -FRANK PURE FOOD CO. V. WILLIAM M. -LOGAN'S ESTATE, 1 bution Decedent's estates-Voluntary distri- Where administrators make voluntary dis- Practice-Practice Act of 1915, P. L. - MOTOR CAR COMPANY V. VICTOR Under the Act of June 24, 1885, P. L. 155, from such son for many years in the county Plaintiff's statement-Damages, items -BITTNER V. CITY OF YORK, 173 DECEDENTS' ESTATES. of as residing in another county, as it is his The accountants were not protected in The Absentee Act of 1895 d es not provide cases, now pending, where the estate of such from evidence adduced at an audit that Mortgage of decedent, right of heir to there is no likelihood of a supposed absentee Decedent's estate Crops, harvested Ownership of land carries with it the pro- exoneration from. An heir is entitled to have land which de- This is true, even if the personal estate is |