Pennsylvania rule in New Jersey

1990Yancoskie v. Delaware River Port Auth., 155 N.J.Super. 1, 4 [ 382 A.2d 77 ] (1977), aff'd, 78 N.J. 321 [ 395 A.2d 192 ] (1978); see also Yancoskie v. Delaware River Port Auth., 478 Pa. 396 , 387 A.2d 41 (Pa.1978) (Pennsylvania’s immunity does not extend to this agency).

1990Yancoskie v. Delaware River Port Auth., 155 N.J.Super. 1, 4 [ 382 A.2d 77 ] (1977), aff'd, 78 N.J. 321 [ 395 A.2d 192 ] (1978); see also Yancoskie v. Delaware River Port Auth., 478 Pa. 396 , 387 A.2d 41 (Pa.1978) (Pennsylvania’s immunity does not extend to this agency).

1964Other states have found no difficulty in overruling, even with respect to existing trusts, case law which had established the Pennsylvania rule where either no statute on the subject had been adopted, Langdell v. Dodge, 100 N. H. 118, 122 A. 2d 529 (Sup. Ct. 1956), or where the statute did not cover the particular- situation, Farmers Bank & Capital Trust Co. v. Hulette, 293 S. W. 2d 458 (Ky. Ct. App. 1956).

1964Other states have found no difficulty in overruling, even with respect to existing trusts, case law which had established the Pennsylvania rule where either no statute on the subject had been adopted, Langdell v. Dodge, 100 N. H. 118, 122 A. 2d 529 (Sup. Ct. 1956), or where the statute did not cover the particular- situation, Farmers Bank & Capital Trust Co. v. Hulette, 293 S. W. 2d 458 (Ky. Ct. App. 1956).

1981Fn. at 784] The court in Community Thrift Club held ( 487 F. Supp. at 883 ) that notice and an opportunity to challenge the waiver of due process is not sufficient "if the debtor cannot challenge the *164 cognovit clause prior to the deprivation of his property through execution of the confessed judgment." The Pennsylvania procedure does not satisfy the Community Thrift Club requirement.

1980As New York residents, they would also share in the possible beneficial effect that a resulting *492 increase in tax revenue to New York might have on future New York tax rates. 5 As the trial court noted, the United States Supreme Court has rejected the State’s theory that New York and not the plaintiffs is the “real party in interest.” In Pennsylvania v. New Jersey, 426 U.S. 660 , 96 S.Ct. 2333 , 49 L.Ed.2d 124 (1976), Pennsylvania alleged that this State’s Transportation Benefits Tax, N.J.S.A. 54:8A-58 et seq., 6 was unconstitutional under the Privileges and Immunities Clause of Article IV

1980As New York residents, they would also share in the possible beneficial effect that a resulting *492 increase in tax revenue to New York might have on future New York tax rates. 5 As the trial court noted, the United States Supreme Court has rejected the State’s theory that New York and not the plaintiffs is the “real party in interest.” In Pennsylvania v. New Jersey, 426 U.S. 660 , 96 S.Ct. 2333 , 49 L.Ed.2d 124 (1976), Pennsylvania alleged that this State’s Transportation Benefits Tax, N.J.S.A. 54:8A-58 et seq., 6 was unconstitutional under the Privileges and Immunities Clause of Article IV

1976Under Sparks, [1] if not under Avdel, supra, these facts provided the minimal contacts required to support New Jersey jurisdiction over the person of the Pennsylvania defendant.

1972PER CURIAM: In Commonwealth of Pennsylvania v. Kervick, 114 N.J.

1966Koehler v. Koehler, 99 N.J.

1966Koehler v. Koehler, 99 N.J.

1964Other states have found no difficulty in overruling, even with respect to existing trusts, case law which had established the Pennsylvania rule where either no statute on the subject had been adopted, Langdell v. Dodge, 100 N.H. 118 , 122 A. 2 d 529 ( Sup. Ct. 1956), or where the statute did not cover the particular situation, Farmers Bank & Capital Trust Co. v. Hulette, 293 S.W. 2 d 458 ( Ky. Ct. App. 1956).

1964Other states have found no difficulty in overruling, even with respect to existing trusts, case law which had established the Pennsylvania rule where either no statute on the subject had been adopted, Langdell v. Dodge, 100 N.H. 118 , 122 A. 2 d 529 ( Sup. Ct. 1956), or where the statute did not cover the particular situation, Farmers Bank & Capital Trust Co. v. Hulette, 293 S.W. 2 d 458 ( Ky. Ct. App. 1956).

1964The trial court saw fit to allow as fees and disbursements to counsel, R.R. 4:55-7(b), and to the expert witnesses, see Hagedorn v. Arens, supra 106 N.J.

1964The trial court saw fit to allow as fees and disbursements to counsel, R.R. 4:55-7(b), and to the expert witnesses, see Hagedorn v. Arens, supra 106 N.J.

1964McCracken v. Gulick, supra ( 92 N.J.

1964McCracken v. Gulick, supra ( 92 N.J.

1964Other states have found no difficulty in overruling, even with respect to existing trusts, case law which had established the Pennsylvania rule where either no statute on the subject had been adopted, Langdell v. Dodge, 100 N. H. 118, 122 A. 2d 529 (Sup. Ct. 1956), or where the statute did not cover the particular- situation, Farmers Bank & Capital Trust Co. v. Hulette, 293 S. W. 2d 458 (Ky. Ct. App. 1956).

1964Other states have found no difficulty in overruling, even with respect to existing trusts, case law which had established the Pennsylvania rule where either no statute on the subject had been adopted, Langdell v. Dodge, 100 N. H. 118, 122 A. 2d 529 (Sup. Ct. 1956), or where the statute did not cover the particular- situation, Farmers Bank & Capital Trust Co. v. Hulette, 293 S. W. 2d 458 (Ky. Ct. App. 1956).

1964Other states have found no difficulty in overruling, even with respect to existing trusts, case law which had established the Pennsylvania rule where either no statute on the subject had been adopted, Langdell v. Dodge, 100 N.H. 118 , 122 A. 2 d 529 ( Sup. Ct. 1956), or where the statute did not cover the particular situation, Farmers Bank & Capital Trust Co. v. Hulette, 293 S.W. 2 d 458 ( Ky. Ct. App. 1956).

1964Other states have found no difficulty in overruling, even with respect to existing trusts, case law which had established the Pennsylvania rule where either no statute on the subject had been adopted, Langdell v. Dodge, 100 N.H. 118 , 122 A. 2 d 529 ( Sup. Ct. 1956), or where the statute did not cover the particular situation, Farmers Bank & Capital Trust Co. v. Hulette, 293 S.W. 2 d 458 ( Ky. Ct. App. 1956).

1963Neither of them, as a common carrier, was under any duty, either by the common law or statute, to transport or assume any responsibility for the transportation of respondent beyond its own line." ( 279 U.S., at p. 330 , 49 S.Ct., at p. 332 ) Since the facts in Chatters are closely analogous to the facts in the instant case, this court deems the holding in Chatters to be controlling here, and therefore dispositive of Pennsylvania's motion for summary judgment.

1963Neither of them, as a common carrier, was under any duty, either by the common law or statute, to transport or assume any responsibility for the transportation of respondent beyond its own line." ( 279 U.S., at p. 330 , 49 S.Ct., at p. 332 ) Since the facts in Chatters are closely analogous to the facts in the instant case, this court deems the holding in Chatters to be controlling here, and therefore dispositive of Pennsylvania's motion for summary judgment.

1962As stated in Terhune, "paraphrased, it is necessary to determine whether any funds which could benefit the life tenants in the future have been irrevocably transferred to an account, the proceeds of which will redound solely to the benefit of the remainderman." The Pennsylvania rule was first looked upon with favor in this State in Van Doren v. Olden, 19 N.J.

1962As stated in Terhune, "paraphrased, it is necessary to determine whether any funds which could benefit the life tenants in the future have been irrevocably transferred to an account, the proceeds of which will redound solely to the benefit of the remainderman." The Pennsylvania rule was first looked upon with favor in this State in Van Doren v. Olden, 19 N.J.

1962In re Fera's Estate, 26 N.J. 131 (1958).

1962In re Fera's Estate, 26 N.J. 131 (1958).

1962Thus, in Zenner v. Goetz, 324 Pa. 432 , 188 A. 124 ( Sup. Ct. 1936), the insuror denied liability because its insured's car was carrying passengers for hire, a non-rated risk.

1962Thus, in Zenner v. Goetz, 324 Pa. 432 , 188 A. 124 ( Sup. Ct. 1936), the insuror denied liability because its insured's car was carrying passengers for hire, a non-rated risk.

1960Lamb places reliance upon our own decision in Stern v. Larocca, 49 N.J.

1960Lamb places reliance upon our own decision in Stern v. Larocca, 49 N.J.