Holyoke v. Continental Illinois National Bank & Trust Co.

Plaintiff appeals from the decree dismissing her complaint for want of equity, in an action for accounting against defendant.

The cause was referred to a master, who heard the evidence and made his findings of fact and recommendations that defendant account to plaintiff for certain securities held by the bank as collateral; that defendant occupied a fiduciary relation and owed a duty to the plaintiff to protect her in her right of subrogation; that plaintiff had not waived any right to subrogation; that plaintiff had no right to an accounting as to certain other securities; and that the…