Hunter v. Robbins

Citations

• 117 F. 920
• 1902 U.S. App. LEXIS 5150

Syllabus

<p>1. Parties—Suit to Recover Funds of Corporation—Right of Treasurer to Sue.</p> <p>Tlie treasurer of a corporation, as tbe proper custodian of its funds and trustee of an express trust, may maintain a suit in his own name against his predecessor in office for an accounting, and to recover money of the corporation alleged to have been wrongfully withheld by defendant, where the corporation authorizes or consents to such suit.</p> <p>2. Same—Indispensable Parties—Suit bt Trustee.</p> <p>To such a suit in a federal court the corporation is not an indispensable party, and, under equity rule 47, it need not be made a party where its joinder would oust the jurisdiction of the court.</p> <p>8. Equity Jurisdiction—Suit to Charge Defendant with a Trust.</p> <p>Equity has jurisdiction of a suit to require an accounting by a former treasurer of a corporation, and also to charge a bank as trustee in respect to funds of the corporation which it is alleged to have held on deposit with knowledge of their ownership, and to have fraudulently permitted its codefendant to withdraw and convert to his own use.</p>