Gilbert v. Johnson

Citations

• 49 Pa. Super. 191
• 1912 Pa. Super. LEXIS 307

Syllabus

<p>Trusts and trustees — Removal of trustees — Judgment bond — Attorney at law.</p> <p>1. Where an attorney at law borrows money from a client, and executes to another attorney at law a judgment bond to secure the loan, without naming the cestui que trust, and thereafter on a rule taken to remove the trustee, the cestui que trust testifies that no part of the debt had been repaid to her, and also offers proof tending to show that a satisfaction of the judgment entered by the trustee after the rule had been taken on him was fraudulent, the trustee should be removed so as to permit the cestui que trust to take proper action to guard her own interest.</p> <p>2. A person to whom a judgment has been confessed in trust for creditors should not be continued as a trustee after the confidence of the creditors in him is withdrawn. It is not material that he is innocent of actual misfeasance, his conduct ought to meet the approval of those whose interests are to be promoted, for his whole duty is to them.</p>