Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-12-08
From fhs S aiIy Re1iSt,T.
AN OLD CASE
Revived by a Supreme Court DsCis-
ion, Yesterday.
The Failure Of the Savings Institution Suit
Against the Objectionable City
Collector Case Affirmed
Other Gases.

preme Court yesterday, and sent BACK 70
the Circuit Court for amended bills. The
suit, or suits rather were against A. j. Cecil,
). J. Psnnells Admir-, and Alexander
Lsughlin, directors Of the old Wheeling
Savings Institution, that broke up thirteen
years ago. Thirteen years ago, from the
18th OF next February, the savings institu'
tiou became utterly inSolyent, 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. }.
Pannells administrator and Alexander
Laughlin. He claimed the directors were
trustees for the creditors of the institution;
that all assets were trust fund for the pay
ment of creditors and that each Of the three
directors named was guilty of gross breach
of trust because with full knowledge Of
the insolvency of the institution, they about
February 2S, 1871, withdrew their deposits
from the bank. which they had no right to
do, but which deposits should have been di-
vided ratably among the creditors.
Judge BOYD, of the Circuit Court, heard
the causes and in Nav 1855, DEGREES were
rendered against the defendants giving
Judgment as follows: In Cecils case, Slp,-
955. 10: in Pannelfs, Sll, SSl.2O; in Laugh
Inns, 1852 Sc. From these DEGREES, ap-
reals were taken to the Supreme Court and
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-
tirely different case; that the charge IN
the bin was that Cecil drew out upon his
check, bis deposits from the bank, OF course,
II must be understood, in currency, when
the proof shows he did not receive one cent
of money on his check, but that Quarter,
the cashier, paid him in the discounted bills
and notes Of the bank, without any author
ity 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
nelrs case, and the same order was made.
In LsuggSSEI:zS's case, Johnson, President,
who announced the opinion in the othertWo
cases, discussed at length the questions 80
deliberately argued By counsel, whether all
the assets of an iusOlyent corporation con-
stitutes q trust fund for the payment of cred
itors, and whether the directors of the cor.
poration are trustees ofthe creditors respect
ing said fund; and whether the directors,
therefore, had the right under the circum-
stances in this case, to withdraw their de,
posts. He reached the conclusion that ali
] the assets of en- iusolvent corporation are 4
trust 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 trust fund. But as the proof IN
The case showed that Laughlin made an ar
rsngement with tie acting cashier to hold
his check, there not being
funds there to pay 1t, until
enough money should be deposited to pay
il 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
was decided, the real case, as it existed,
should be before the court By an amended
bill. The decree was, therefore, reversed
and the plaintiff given leave to amend his
bill =,
The attorneys were Caldwell & Caldwell
snd Peck for the plaintiff and ". z. Hub
bard for the defendants.
THE CITY COLLECTORS CASE.
The case Of the CityO Wheeling VS.. Geo.
0. Black and others was decided in the Su-
preme Court yesterday, Judge Snyder CIV
ing the opinion of the Court, and the judg-
mgnt 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
s.. 400 for the plaintiff, and the Supreme
Court sustainedit-
The court held that sureties on the bond
of the CITY collector were liable for any acts
upder color of his Office even when the term
had expired.
On the motion for a change of venue the
count held the Circuit Court had properly
overruled. 1t also held the law constitutional,
which holds Judge Is not dlSquahheo on
a suit of this kind, on account Of his being
Q taxpayer.
OTHER CASES,
Bank of Kanawha Valley vs. Chiffon and
others. Kanawhs county. opinion by
Woods, decree reversed and cause re-
manded.
Garrett Va 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.
Daniel Lamb, Trustee, VS.. A. ]. Cecil,
came VS.. Alex. Lsughlin, same vs.. A. j.
Psnnelrs executor, from Ohio county,
opinion by johnson, DEGREES Of Circuit
| Court reversed and causes remanded.
Devine vs.. Deyine's administrator, from
Monongalia county, petition from appeal
| and supersedess refused.
State of W. Va. vs.. Wash. Porter and
Julius Schaffer, from Ksnawha, writ Of error
I allowed.
State of w. Va. vs. F. N. Dedt, from Pres
ton county, stay ofjudgment allowed for 30
! DAYS, the plaintiff disiring to appeal to the
\ Supreme Court of the United States: