West's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Supreme Court at Nisi Prius: In Equity: Of January Term 1870. The appeal was by George S. West, deputy escheator, in a decree on a bill filed against him December 4th 1869, by the Philadelphia Saving Fund Society.
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Appeal from the decree of the Supreme Court at Nisi Prius: In Equity: Of January Term 1870. The appeal was by George S. West, deputy escheator, in a decree on a bill filed against him December 4th 1869, by the Philadelphia Saving Fund Society. On the same day on which the bill was filed the plaintiff moved for a special injunction and filed affidavits (those hereafter referred to as taken before the deputy escheator). The plaintiffs in the bill were incorporated February 5th 1819. The act of incorporation recited that “ a voluntary association of a number of the citizens of Philadelphia and…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
— The claim of the Commonwealth to the surplus fund of Philadelphia Saving Fund Society is clearly unfounded. Neither the Act of 26th April 1855, relating to literary, charitable, and religious societies, nor the Act of 17th April 1869, for the escheat of equitable interests without a rightful owner, applies to this society. It has not the semblance of a charity. It is specifically a business corporation for pecuniary purposes; to receive deposits of money, invest them for the security of the depositors, and repay them with interest. The…
2Cited by3 opinions
- Bulakowski v. Philadelphia Saving Fund SocietySupreme Court of Pennsylvania · 1921
- Germantown Trust Co. v. PowellSupreme Court of Pennsylvania · 1918
- Savings Bank v. Bank CommissionerCourt of Appeals of Maryland · 1968