Cities Service Co. v. McDowell

The Chancellor.

I shall first dispose of the questions raised ■ by the demurrer, and then dispose of the motion to modify the restraining order.

Demurrer.

1. The first objection to be considered under the demurrer has to do with the securities in the hands of the defendants, Horace H. McDowell, Caroline H. McDowell and Dorothy M. Child. With respect to a portion of these securities, the bill avers that they were wrongfully acquired by Jesse C. McDowell with the funds of complainant obtained by him in breach of his trust as confidential agentr and it seeks to follow them in the hands of the…