Dollar Savings Fund & Trust Co. v. Union Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 199, Oct. T., 1908, by-plaintiff, from decree of C. P. No. 2, Allegheny Co.; July T., 1906, No. 82, dismissing bill in equity in case of Dollar Savings Fund & Trust Company, Administrator c. t. a. of the last Will and Testament of T. Lee Clark, deceased, v. Union Trust Company, Assignee of Joseph Hastings. Bill in equity to declare a trust. Before Shafer, J. The facts are stated in the opinion of the Supreme Court. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Our review of the testimony upon which the appellant relies to establish a trust in Joseph Hastings for T. Lee Clark at the time the former executed a deed of assignment for the benefit of creditors has led us to the same conclusion that was reached by the court below. The mainstay of the appellant was the testimony of two of the witnesses called by it — T. B. Trimble and J. B. Cunningham. Nothing testified to by anyone else was the *287slightest evidence of a trust, and when the testimony of the two witnesses named is closely scanned, as it must be in an effort to…
2Cases cited2 opinions
- Earnest's AppealSupreme Court of Pennsylvania · 1884
- Olinger v. ShultzSupreme Court of Pennsylvania · 1898
3Cited by3 opinions
- Sheean v. MichelCalifornia Supreme Court · 1936
- Knecht v. ReichardSuperior Court of Pennsylvania · 1915
- West v. YoungSupreme Court of Pennsylvania · 1940