Drueding v. Tradesmens National Bank & Trust Co.

Opinion by

Mr. Justice Linn,

This appeal is from the refusal to take off a compulsory nonsuit. The action was trespass. Plaintiffs alleged breach of trust 1 by defendant mortgage trustee.

On June 1, 1924, S. B. and B. W. Fleisher, Inc., a corporation of Pennsylvania, for many years engaged in the manufacture of woolen yarns in the City of Philadelphia, and hereafter referred to as the Company, made its mort gage to secure an issue of first mortgage bonds in the amount of $2,000,000. The trustee, Guarantee Trust and Safe Deposit Company, merged with the Tradesmens National Bank, forming the…