Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1884-12-07
AN OLD CASE
Revived by a Supreme Court Decis.
ion, Yesterday.
The Failure Of the Savings lnstitutioa---Suit
Against the Objectionable City
Collector Case Affirmed
Other Cases.

An old suit, ore that mas oeen PenuinS
for many years, was reviewed by the su-
preme Court, Yesterday, and sent back to
the Circuit Court for amended bills. The
suit, or suits, rather were against A. Cecil
A. ]. Pannelfs Admir-, and Alexander
LaughKn, directors of the old Wheeling
Savings Institution, that broke up thirteen
years ago. Thirteen years ago, from the
18th Of next February, the savings insttu-
ton became utterly insolvent, the cashier
having defaulted to the extent OF about
$500 600. Daniel Lamb was made assignee
in the deed of the directors, for the benefit
of the creditors. In 1876 he brought three
suits one each against A. J. Cecil, A. J.
Pannelps administrator and Alexander
Lauphlin. He claimed the directors were
trustees for the creditors Of the institution;
that all assets were trust fund for the pay
men, of creditors and that each OF the three
directors named was guilty OF a gross breach
Of trust because with a full knowledge Oh
the insolvency of the institution, they ABOUT
February %, 1871, withdrew their deposits
from the bank, which they had no rlght 10
do, but which deposits should have been d.
yided ratably among the creditors
Judge BOYD, of the Circuit Court, heard
the causes and in May, 1883, DEGREES were
rendered against the defendants giving
iudgmen. as follows: In Cecirs case, SlO,-
955.46: in Pannelrs, Sll $500; in Laugh
Inns 8, 692 Sc. From these DEGREES, ap.
reals we're taken TO the Supreme Court aud
Yesterday Judge Johnson promulgated the
opinion of The Court.
In the case of Cecil, the Court held that
the plaintiff could not recover IN the case
stated in his bill because the proof made en-
,irely q different case; that the charge IN
he bill was that Cecil drew out upon his
heck. his deposits from the bank, OF conrsep
II must he understood, in currency when
The proof shows he did not receive Que cent
of money on his check, but that Quarter,
Ike cashier, paid him in the discounted bills
and notes of the bank, without any author
i,y from either the charter or the Board OF
directors. The decree was reversed and
the plaintiff allowed TO amend his bill.
The same state of facts appeared IN Pan
nell's case, and the same order vas made.
In Laughlins case, johnson, President,
aho announced the opinion in the othertSo
rsses, discussed at length the questions so
,isboratcIy argued by counsel, whether all
lie assets of an insolvent corporation con-
st;tutes a trust fund for the payment OF cred
itors, and whether the directors Of the cor
Grafton are trustees ofthe creditors respect
irr said fund; and whether the directors,
therefore, had the right under the circum,
Stances in this case, to withdraw their de
rosits. He reached the conclusion that ali
the assets OF an insolvent corporation are a
,rust fund for the benefit Of creditors, and
that the directors are the trustees for the
creditors, and therefore, under the circum'
stances of this case, had no right to with
draw their deposits, as they constituted a
part of The rust fund. But as the proof IN
The case showed that Laughlin made an ar,
rangement with the acting cashier to hold
MS check, there not being
funds there to pay it, until
enough money should be deposited to pay
it and then lay it aside for him, which he
did. The other members Of the court were
not prepared TO concur in the opinion of the
President, but thought that before the case
vas decided, the real case, as II existed
-houid lie before the court by an amended
lii. The decree was, therefore, reversed
md the plaintiff given leave to amend his
ill
The attorneys were Caldwell 4 Caldwell
and Peck for the plaintiff and ". P. Hub
Lard for the defendants.
TIE CITY COLLECTORS CASE.
The case of the City of Wheeling VS.. Geo.
.. Black and others was decided in the Su.
preme Court yesterday, Judge Snyder Civ
ing the opinion Of the Court, and the judg-
ment of the Circuit Court was affirmed.
The questions raised were purely legal ones
and the case was very intricate one. The
Circuit Court had given judgment for about
-, 100 for the plaintiff, and the Supreme
Court sustainedit.
The court held that Suretes on the bond
Of the CITY collector were liable for any acts
Hrder color Of his Office even when the term
lad expired.
On the motion for a change of venue the
court held the Circuit Court had properly
overruled. 1t also held the law constitutional,
witch holds Judge is not disqualified on
u suit OF this kind on account Of his being
& taxpayer.
OTHER CASES.
Bank Of Ksnawha Valley VS.. Chiffon ana
others, kanawha county, opinion by
Woods, decree reversed aud cause r.
maDded.
Garrett vs. Ramsey, from Harrison
county, opinion by Green, decree OF Circuit
Court affirmed.
City OF Wheeling VS.. Geo. Q. Black, ct al,
Ohio county, opinion by SNYDER, affirmed
PANEL Lamb, Trustee. VS.. A. J. Cecil
same vs.. Alex. l.sughlin, sane VS.. 4. j
Pannells executor. from Ohio county,
opinion by Johnson, DEGREES Of Circuit
Court reversed and causes remauded.
Dcyine VS.. Deviue's administrator, from
Nororgalia county, petition from appeal
nd supersedeas refused.
State of ". Va. VS.. Wash Porter and
Julius SchaFcr, from Kanawha. writ Of error
allowed
Sate of W. Va. VS.. +. NJ Dedt, from Pres.
ton county, stay of Judgment allowed for 80
days, the plaintiff disiriug to appeal to the
Supreme Court OF the. L nited States.
Adjourned until Saturday at ii o'clock
Yor cannot fail making a selection of a
holiday gift from the grand display at f.
NJ. McGillin Il Co.'S.