First National Bank v. McKinley Coal Co.

Citations

• 213 Pa. 413
• 62 A. 1067
• 1906 Pa. LEXIS 497

Syllabus

<p>Equity — Attachment—Fraud—Corporation.</p> <p>A court of equity will not issue an attachment to compel officers of a corporation to restore to the corporation assets of the company where the court finds as a fact that there was no fraudulent misappropriation of the assets.</p> <p>On a creditor’s bill against a corporation and its officers and stockholders, the court entered a decree that the defendants “must refund and repay so much of the stock, bonds, and assets of the corporation received by them or either of them as may be necessary to pay the plaintiff’s judgment, with interest and costs.” Held, that no attachment could issue upon the order since it imposed no exact duty on the respondents.</p>