Warner v. McMullin

Citations

• 131 Pa. 370
• 18 A. 1056
• 1890 Pa. LEXIS 1122

Syllabus

<p>(a) A bill in equity, filed by the assignee for creditors of an insolvent bank against the president of the bank and others, charged that the defendants had unlawfully withdrawn from the bank large sums of money, and had used and lost the same in illegal gambling transactions in oil.</p> <p>(b) The prayers of the bill were for a decree that the matters and things charged in the bill were matters of account-, and that the defendants should pay to the plaintiff all sums of money and the value of all property illegally and improperly withdrawn from the bank by the defendants :</p> <p>1. Whether the jurisdiction of the court might be sustained on the ground that the president was a trustee of the corporation’s funds, doubted; but the jurisdiction could be sustained on the ground that the remedy at law, involving the consideration by a jury of a mass of complicated accounts, would be inadequate.</p> <p>2. The appeal in this case, being from the decree of the court below approving the report of the master, specifications of error averring that the master erred in finding and omitting to find certain facts, were insufficient and might well be dismissed for that reason alone.</p>