PEOPLES 1ST NAT. BK. & TR. CO. v. RATAJSKI


399 Pa. 419 (1960)

Peoples First National Bank and Trust Company, Appellant, v. Ratajski, Appellant.

Supreme Court of Pennsylvania.

May 4, 1960.


Attorney(s) appearing for the Case

Philip R. McLaughlin, with him Paul R. Jenkins, and Campbell, Casteel & Thomas, for plaintiff.

William J. Krzton, with him Esler W. Hays, for defendant.

Before JONES, C.J., MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE BOK, May 4, 1960:

This is an action in equity for the restitution of real and personal property. The main allegation is the abuse of a confidential relationship between uncle and niece, and this was the chancellor's basic finding.

The chancellor, Judge A. MARSHALL THOMPSON, died before exceptions to his adjudication could be disposed of. So did the plaintiff, in 1959, and his place on the record was taken by the corporate administrator...

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