Elk Brewing Co. v. Neubert

Citations

• 213 Pa. 171
• 62 A. 782
• 1906 Pa. LEXIS 441

Syllabus

<p>Corporations — Officers—Two corporations with same treasurer.</p> <p>Two corporations, if they so choose, may have the same person act as the treasurer of each. In so doing, however, the relations, duties and liabilities of the two corporations are in no way changed, and are just the same as if a different individual had acted as treasurer of the respective companies.</p> <p>If the treasurer of a brewing company who is also the treasurer of a trust company, opens an account in the trust company with the brewing company’s moneys, and misappropriates such moneys, the trust company cannot in the absence of fraud or collusion on its part be held liable for the moneys misappropriated.</p> <p>Where the president of a brewing company is also a director of a trust company, the trust company cannot by reason of this fact alone, without evidence of fraud or collusion, be held liable to the brewing company for a loss resulting to the latter from the misfeasance of its president.</p> <p>Equity — Equity practice — Misjoinder of party defendant.</p> <p>A bill in equity which joins separate respondents, acting in different capacities, upon different rights, and not chargeable with any joint liability or interest in the relief sought, is defective.</p> <p>Equity — Equity jurisdiction — Discovery—A ccount.</p> <p>Where there is no right to the main relief sought by a bill in equity, and discovery is merely incidental to this relief, it will not be granted. In a bill seeking an account and discovery, the discovery is prima facie merely incidental to the account, and if a right to an account is not disclosed the bill will be held bad on demurrer.</p>