Rushbrook Coal Co. v. Jenkins

Citations

• 214 Pa. 517
• 63 A. 891
• 1906 Pa. LEXIS 691

Syllabus

<p>Equity — Equity pleading — Responsive answer — Secret profits — Fraud— Corporations — Evidence.</p> <p>On a bill in equity by a corporation against its president to compel the latter to account for secret profits which he had made in the sale of real estate belonging to the complainant, an answer is responsive to the bill which denies the negotiations with the purchaser of the real estate as alleged in the bill, denies explicitly and unequivocally the receipt of any secret profits, and alleges that certain securities referred to in the bill were acquired by the defendant in a course of dealings with the purchaser, entirely disconnected with the property or affairs of the complainant.</p> <p>Where an answer is responsive to a bill, its.effect as evidence is not wholly overcome by the fact that there are some contradictions not of a serious character between the defendant’s testimony and his answer.</p>