Dreisbach v. Price
Pennsylvania Court of Common Pleas, Carbon County
No. 282 January Term 1890, Sup. Ot.; court below, No. 1 January Term 1888, C. P. in Equity. On January 6, 1888, J. M. Dreisbach, assignee for the benefit of creditors of the Miner’s Bank of Summit Hill, and the second National Bank of Maucli Chuuk, a creditor of said Miners’ Bank, filed a bill in equity against Morgan Price and about sixty others, averring that the Miners’ Bank of Summit Hill, incorporated by act of April 10, 1878, P. L. 674, had become insolvent and…
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No. 282 January Term 1890, Sup. Ot.; court below, No. 1 January Term 1888, C. P. in Equity. On January 6, 1888, J. M. Dreisbach, assignee for the benefit of creditors of the Miner’s Bank of Summit Hill, and the second National Bank of Maucli Chuuk, a creditor of said Miners’ Bank, filed a bill in equity against Morgan Price and about sixty others, averring that the Miners’ Bank of Summit Hill, incorporated by act of April 10, 1878, P. L. 674, had become insolvent and assigned all its property to the plaintiff Dreisbach for the benefit of its creditors; that the defendants were stockholders…
1Opinion of the Court
Per Curiam :
The exceptionally able argument of the learned counsel for the appellants has not satisfied us tbat there is any error in tbe decree of the court below. His main contention was that there can be no recovery against the defendants, in tbe present proceeding, because the act of April 16,1850, entitled “ An Act regulating banks,” gives a full, complete, and adequate remedy at law for tlie relief sought by tlie present bill. It is very true, and we have so held repeatedly, tbat since the act of 1806, where a remedy is given by statute such remedy must be pursued. But tbe difficulty in…
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