Vanarsdale v. Richards
Supreme Court of Pennsylvania
This was an action on the case brought by Aaron Vanarsdale to the use of William Stell, trustee of Hannah Vanarsdale, against Samuel Richards, who survived George Billington, assignee of Robert E. Gray. The declaration contained-counts for money had and received, work and labour, &c. and on an account stated, and a special count for mismanaging the trust estate, &c. to the prejudice of the plaintiff.
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This was an action on the case brought by Aaron Vanarsdale to the use of William Stell, trustee of Hannah Vanarsdale, against Samuel Richards, who survived George Billington, assignee of Robert E. Gray. The declaration contained-counts for money had and received, work and labour, &c. and on an account stated, and a special count for mismanaging the trust estate, &c. to the prejudice of the plaintiff. The case was tried before Mr. Justice Kennedy, at a Court, of JVisi Prius held in Philadelphia, on the 10th of December, 1835. It appeared in evidence, that the plaintiff was a creditor of Robert…
1Per curiam
The trust involved in this assignment, is peculiarly a subject of equitable cognizance; and though an actual want of chancery powers might compel us to sustain an action at law in the first instance, it does not follow, that a cestui que trust shall not *410be thrown on his equitable resources, where such have been provided for him. We consider the point to have been already decided.
Mr. Randall took nothing by his motion.
2Cited by4 opinions
- Aycinena v. PeriesSupreme Court of Pennsylvania · 1843
- Heckert's AppealSupreme Court of Pennsylvania · 1855
- Kern v. PowellSupreme Court of Pennsylvania · 1881
- Fournier v. IngrahamSupreme Court of Pennsylvania · 1844