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University of Pennsylvania Law Review (Volume 4 )

University of Pennsylvania Law Review (Volume 4 )


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865. Excerpt: ... Whether the satisfaction and discharge of the mortgage was a payment of the debt, is a question for the court, because deducible from the written agreement; and the refusal to submit the question of intention to the jury was not error: Id. Municipal Corporation. Competency of Witness--Right of Borough to collect Wharf-rates, not resisted by Allegation and Proof of inadequate Facilities.--Where suit is brought in the name of an individual for the use of a borough, for charges due to the borough alone, and on the trial in court the individual's name is stricken from the record, he is not incompetent as al witness: Prescott vs. Borough of Duquesne, 12 Wright. Where a borough is authorized by law to establish, improve, and regulate a wharf, and to collect from boats using it a moderate wharfage to defray the expenses incurred, and has accordingly expended money in such improvement, one using the wharf cannot resist payment of wharfage on the ground that it had not been well built or that it needed further improvemens: Id. A mandamus would perhaps lie to compel the borough to provide adequate facilities of wharfage, in case of neglect, or an injunction, at the suit of some agent of the public, to restrain them from collecting fees for inadequate performance. In either of these modes the question could be tried once for all parties interested: Id. Sale. Judicial Sale of Personal Property--Fraudident Intent of Purchaser in deterring other Bidders by False Representations.--Where, at a judicial sale of personal property, the only bid offered was by the auctioneer who cried the sale by direction and in the presence of the officer intrusted with it, and the property was struck down at a price much below its actual value, in consequence of his alleged false represen...


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Product Details
  • ISBN-13: 9781235696978
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 346
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1235696979
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 617 gr


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