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· 6/26/1920

Delone v. First National Bank

Citations

  • 268 Pa. 226
  • 111 A. 171
  • 1920 Pa. LEXIS 657

Syllabus

<p>Equity — Restoration of property pledged — Fraud — Trust and trustees — Findings of fact.</p> <p>1. A bill in equity for a decree requiring defendant, a bank, to restore to plaintiff certain property which he had pledged to it, is properly dismissed, when the court finds, from sufficient evidence, that plaintiff had been guilty of bal faith, that the property in question did not belong to him, but to a trust estate, and that he had juggled with it for his own benefit.</p> <p>2. In such a ease the court, in dismissing the bill, may properly decree that the property in question shall “remain in the possession of defendant subject to the further order of the court.”</p>

Judges: Brown, Frazeii, Izisker, Mosci, Simpson, Walling

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