Legal Opinion

Commonwealth v. Tradesmen's Trust Co.

Supreme Court of Pennsylvania

Decided July 3, 1915No. 2; Appeal, No. 3PublishedCited by 21 opinions

Appeal, No. 3, May T., 1915, by George H. Sherwood, substituted trustee for the creditors of John J. O’Rourke, from decree of O. P. Dauphin Co:, Commonwealth Docket, 1911, No. 219, dismissing exceptions to report of auditors, in case of Commonwealth of Pennsylvania, ex. relatione John C. Bell, Attorney General, v. Tradesmen’s Trust Company.

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Appeal, No. 3, May T., 1915, by George H. Sherwood, substituted trustee for the creditors of John J. O’Rourke, from decree of O. P. Dauphin Co:, Commonwealth Docket, 1911, No. 219, dismissing exceptions to report of auditors, in case of Commonwealth of Pennsylvania, ex. relatione John C. Bell, Attorney General, v. Tradesmen’s Trust Company. Petition by the Commonwealth at the relation of the attorney general to declare a trust company insolvent and for the appointment of a receiver. Exceptions to report of Henry S. Borneman, Esq., and Eugene Snyder, Esq., auditors. Before McCar-RELL, J. The…

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

This appeal is from the decree of the lower court confirming the auditors’ report in the matter of the insolvency of the Tradesmen’s Trust Company. Thé facts are set forth in the opinion filed in the preceding cáse. The single question for decision here, is whether a cestui que trust may claim the amount of deposits, with an insolvent trust company, as a preference where the company mingles the funds with its general account, but at all times keeps in such account a balance in excess of the amount of trust money claimed. It appears that John J. O’Rourke became…

2Cited by21 opinions

  1. In Re Possession & Control of the Commissioner of BanksAppellate Court of Illinois · 2001
  2. Cameron v. Carnegie Trust Co.Supreme Court of Pennsylvania · 1928
  3. Webb v. NewhallSupreme Court of Pennsylvania · 1922
  4. Hanover Nat. Bank of New York v. ThomasSupreme Court of Alabama · 1928
  5. Mehler's AppealSupreme Court of Pennsylvania · 1932

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