Spangler Brewing Co. v. McHenry

Citations

• 242 Pa. 522
• 89 A. 665
• 1914 Pa. LEXIS 684

Syllabus

<p>Equity — Pleadings—Allegata and probata — Bills for accounting —Decree not in conformity with prayers.</p> <p>' 1. The relief afforded by a decree in equity must conform to the case as.made out by the pleadings as well as to the proofs. Every fact essential to entitle the plaintiff to the relief which he seeks must be averred in his bill. Neither unproved allegations nor proof of matters not alleged can be made a basis for equitable relief. If there is nothing in the testimony to sustain the bill as filed, it must be dismissed.</p> <p>2. Proceedings in equity may not be stretched to give relief from a specific wrong not averred in the bill of complaint, or to make a decree not in conformity to its prayers.</p> <p>3. Where a bill in equity was filed against the treasurer of a corporation, averring only his failure to perform his duties as prescribed in the by-laws and to account for moneys had and received by him in his capacity as treasurer of the company, and containing a prayer in the usual form for an accounting, the master and the court below could not turn the proceeding into one for the investigation of the way in which a large amount of stock had been issued by the company itself, and after finding that it had been unlawfully issued by the company to the defendant, as an individual, make, a decree in a case against him as treasurer, to the effect that he was responsible to the company for the par value of the said stock.</p> <p>Corporations — Stock subscription — Liability for par -value — Suit by corporation.</p> <p>4. Where it appeared that the stockholders of a corporation had recommended at their first meeting that the directors should purchase certain real estate from defendant, one of the promoters and afterwards treasurer of the company, paying therefor a large amount of the full paid capital stock of the company far in excess of the value of the real estate, and the directors had acted upon this recommendation, and the stock thus transferred to the