Beatty v. Safe Deposit & Title Guaranty Co.
Supreme Court of Pennsylvania
Appeal, No. 8, Oct. T., 1910, by defendant, from decree of C. P. Clarion Co., May T., 1908, No. 2, on bill in equity in case of John K. Beatty v. Safe Deposit & Title Guaranty Company in its own right and as Trustee et al.
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Appeal, No. 8, Oct. T., 1910, by defendant, from decree of C. P. Clarion Co., May T., 1908, No. 2, on bill in equity in case of John K. Beatty v. Safe Deposit & Title Guaranty Company in its own right and as Trustee et al. Bill in equity for an account: The material portions of the defendant’s answer were as follows: 3. In answer to the sixteenth paragraph of said bill, defendant says that there remained in its custody, as trustee, at the 'time of the service of the said bill upon it, the sum of $1,510.64, the net proceeds of the sale of lots, subject to deductions for fees and commissions to…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
This appeal is from an interlocutory decree ordering an accounting by the appellant. It is taken under the act of June 24, 1895, P. L. 243, which allows an appeal by a defendant in a proceeding in equity for an accounting when, on his part, “there is a denial of liability to account.” To entertain this appeal would be to stretch the act beyond its plain intendment. Where there is a denial of liability by a defendant to account, and the preliminary decree is adverse to him, the purpose of the act is to enable this court to determine whether, under the pleadings and…
2Cited by7 opinions
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- Murphy v. MurphySupreme Court of Pennsylvania · 1919
- Rowley v. RowleySupreme Court of Pennsylvania · 1927
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