Commonwealth Ex Rel. Truscott v. Binenstock

Opinion by

Mr. Justice Linn,

Tucker v. Binenstock, 310 Pa. 254, 165 A. 247 (1933) was a proceeding in equity by Tucker for an accounting from Binenstock, the present defendant, of money received by him in transactions considered in that case. We held that the transactions were illegal and on that account equity would not aid Tucker in collecting from Binenstock any part of the unlawful gain. It appeared that Tucker and Binenstock had caused New Century Realty Company to be incorporated in 1923 and that it bad taken title to a brewery; that they had caused Atlantic Brewing Company to be…