Weiss v. First Nat. Bk. of Scranton

Opinion by

Mr. Justice Barnes,

The plaintiff, Edward Weiss, appeals from a decree of the court below dismissing his bill in equity to obtain possession of certain stock certificates held by the defendant bank. He bases his claim to the certificates upon an alleged oral agreement made on September 11, 1931, with one Isidor Gerson, the registered owner of the shares of stock which were then in the possession of the Dime Bank-Lincoln Trust Company, of Scranton, Pennsylvania, as collateral for a loan.

The plaintiff and Gerson were partners on July 17, 1931, engaged in the clothing business in the…