Ballman ex rel. Lucas v. Heron

Citations

• 169 Pa. 510
• 32 A. 594
• 1895 Pa. LEXIS 1124

Syllabus

<p>Evidence — Testimony taken at the first trial.</p> <p>Where it has been impossible to secure the presence of a witness who had testified at the first trial of the cause, it is proper to admit evidence of an unsuccessful.effort to find the witness, in order to lay the foundation for admitting the notes of the witness’s testimony in the former trial.</p> <p>Mechanic's lien — Subcontractors—Fraud—Evidence.</p> <p>On a trial of a mechanic’s lien filed by a subcon tractor-, where the building contract provided that no lien should be filed, it is proper to admit evidence to show that the contractor was the real owner of the property, and that the contract had been made between him and the nominal owner for the purpose of defrauding subcontractors and material men.</p> <p>In such a case there is sufficient evidence of fraud to submit to the jury, where it appears that the nominal owner had always been a servant girl working for small weekly wages, who had little or no knowledge of the transaction, or of moneys deposited in bank to her credit by the contractor who was her brother, that the brother made the contract, borrowed the money to build the buildings on a ground rent deed signed by his sister, and that he had the title insured when the loan was made.</p>