Opinion
May 10, 1940.
June 24, 1940.
Before SCHAFFER, C. J., MAXEY, DREW, LINN, STERN, BARNES and PATTERSON, JJ.
Appeal, No. 308, Jan. T., 1939, from decree of C. P. No. 3, Phila. Co., March T., 1933, No. 5600, in the matter of John C. Bell, Jr., Secretary of Banking, Receiver of Successful Building Association. Decree reversed.
John W. Lord, Jr., Special Deputy Attorney General, with him James W. McLea, for appellant.
George J. Mallen, Special Deputy Attorney General, with him Russell C. Wismer, for appellee.
Orville Brown, Deputy Attorney General, and Claude T. Reno, Attorney General, for Commonwealth, Amicus Curiæ.
Argued May 10, 1940.
At the audit of the first and final account of the receiver of the Successful Building Association, the court permitted him to set off the deposit balance of the Association in the Northwestern Trust Company against the liquidating dividends on the shares of stock in the Association owned by the Trust Company. The appeal of the receiver of the Trust Company from that ruling must be sustained for the reasons stated in the opinion in re appeal No. 376, Jan. T., 1939.
The decree of the court below is reversed, the costs to be divided equally between the receiverships of the Trust Company and the Successful Building Association.