Kreinson v. Commercial National Bank

Opinion by

Mr. Justice Linn,

The purpose of the bill was to obtain an accounting of a partnership and a declaration of plaintiff’s rights in partnership assets on the theory of a constructive trust. The learned court below thought that jurisdiction was in the orphans’ court and for that reason dismissed the bill on preliminary objections under Equity Buies 48 and 49. In reviewing the record at this stage of the proceeding we must of course assume that the plaintiff will prove the facts alleged.

Jacob Kreinson and his brother Louis conducted' a general store in Bradford, Pennsylvania, under the…