241 Pa. 267 | Pa. | 1913
Opinion by
The receiver of the defendant corporation, the Messenger Printing Company, was ordered to convert its assets into cash; certain of its creditors filed a petition in the court below, subsequently joined in by the receiver, in which they averred that among these assets the receiver had advertised “all the right of the Messenger Printing Company, as lessee, in one Cox Duplex Printing Press from the Crawford Trust Co., lessor”; that the “alleged lease is void as to the creditors of the said Printing Company”; that the transaction between the printing company and the trust company was merely a loan of money by the latter to the former; that “the title and possession of the said press was never in the said trust company but that such title and possession ......have been and now are in the Messenger Printing Company and were acquired by the latter company ......direct from E. A. Hempstead, the last prior owner thereof.” The petitioners prayed that the receiver be directed to sell the press as the property of the printing company. The trust company filed an answer in which they denied the allegation of the petition and averred
The principal contention of the appellants is that the act of the trust company in acquiring title to the printing press was ultra vires. We are not at all convinced that this was made apparent; but even if it were, neither the printing company nor these appellants are in a position to raise that question. “The state and not a private party dealing with the company, may call the latter to account for exceeding its corporate powers”: Mutual Trust Company v. Stern, 235 Pa. 202, 205. Furthermore, the fact that the trust company had unlawfully acquired the printing press, if true, would not transfer title thereto to its lessee, the printing company.
But these questions are really not before us, for all of the assignments of error are defective in that none
It is so important that assignments of error shall be drawn correctly, and mistakes in this connection are so frequent, that we have elaborated upon the proper practice in relation thereto, in the hope that it will relieve us from such necessity in the future. We will not pass specifically upon the appellant’s faulty assignments, but we will say that we are not convinced of error in the final adjudication of the real question submitted for decision; this case, however, is not to be cited as an approval of the manner in which that issue was brought before the court below for its determination.
The appeal is dismissed at the cost of the appellant.