Boyer v. Bolender
Supreme Court of Pennsylvania
APPEAL BY USE PLAINTIFF FROM THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY. Nos. 21, 32 May Term 1889, Sup. Ct.; court below, Alias' Test. Ei. Fa. No. 2 January Term 1888, E. D., C. P. On May 7, 1883, a bill in equity was filed by H. S. Boyer, receiver of tbe Mahoney Mutual Assessment Life Association, against Wm.
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APPEAL BY USE PLAINTIFF FROM THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY. Nos. 21, 32 May Term 1889, Sup. Ct.; court below, Alias' Test. Ei. Fa. No. 2 January Term 1888, E. D., C. P. On May 7, 1883, a bill in equity was filed by H. S. Boyer, receiver of tbe Mahoney Mutual Assessment Life Association, against Wm. H. McCarty, Lewis R. Plummel, Philip Hillbish, B. F. Wagenseller, A. C. Simpson, George J. Sclioch, Daniel Bolender, I. C. Burns and S. H. Yoder, averring that the defendants were directors and some of them officers of said association, and had fraudulently converted to their own use…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
There appears to have been a writ of error as well as an appeal in the above case. We need not say which was the proper remedy; as both lead to the same result. To state the ease, briefly, it was an attempt on the part of one wrong doer to en-, force contribution from the others who participated in the wrong.> This, under all the authorities, cannot be done. We need not refer to them, as they are cited in the opinion of the learned judge below, which so fully covers the ground that we may well decline any extended discussion of the case. It was contended,…
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