Pittsburgh National Bank of Commerce v. McMurray
Supreme Court of Pennsylvania
October 13th 1881. Before Sharswood, O. -J., Mercur, Gordon, Paxson, Trunkey and Sterrett, JJ'. Green, J., absent. Error to the Court of Common Pleas No. 1, of •Allegheny county : Of October and November Term 1881, No. 9. Assumpsit, by George W. and William McMurray against the Pittsburgh National Bank of Commerce, to recover the sum of $1,300. ' On the trial, before Collier, J., the following facts appeared : The plaintiffs, who lived in Nobiestown, had been in the habit…
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October 13th 1881. Before Sharswood, O. -J., Mercur, Gordon, Paxson, Trunkey and Sterrett, JJ'. Green, J., absent. Error to the Court of Common Pleas No. 1, of •Allegheny county : Of October and November Term 1881, No. 9. Assumpsit, by George W. and William McMurray against the Pittsburgh National Bank of Commerce, to recover the sum of $1,300. ' On the trial, before Collier, J., the following facts appeared : The plaintiffs, who lived in Nobiestown, had been in the habit for several years of sending money to S. B. W. Gill, an attorney-at-law in Pittsburgh, as their argentand attorney, for…
1Opinion of the CourtJustice Paxson
The defendant’s fifth point ought to have been affirmed. If, as was alleged, the money was placed in Gill’s hands for investment, with an understanding or agreement that until he could find a satisfactory mortgage he should pay interest thereon, the plaintiffs below cannot hold him as a trustee, nor follow his deposit in the bank as trust money. As the court below negatived the point, we must assume the jury would have found the facts as stated therein. The plaintiffs cannot treat Gill in the dual character of trustee and debtor. Undoubtedly the receipt by him of the money for investment^…
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- Barr v. LuckenbillSupreme Court of Pennsylvania · 1945
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