Jud Whitehead Heater Co. v. Obler

These two actions, which were consolidated for trial, sought an accounting and to impress constructive trusts on certain real and personal property alleged to have been acquired by defendant Louis Obler * and his wife, defendant Bernice Obler, with moneys embezzled by him from the respective plaintiffs. From an amended judgment impressing such trusts, defendants appeal.

Questions Presented

1. Sufficiency of evidence to show wrongful taking.

2. Were the cases improperly consolidated?

3. Alleged error in allowing amendment of complaint to conform to proofs.

4. Was a part of plaintiffs’ claim barred…