McMullin v. Westinghouse Estate

103 A. 57, 259 Pa. 281, 1918 Pa. LEXIS 406

• Court: Supreme Court of Pennsylvania
• Decided: January 7, 1918
• Docket: Appeal, No. 145
• Status: Published

Opinion

Per Curiam,

The complaint of the appellants in seeking to impose liability upon the estate of George Westinghouse, deceased, is that his acquisition of the assets of the Security Investment Company constituted and was a breach of the relationship of trust and confidence in which he stood to them, and was a fraud in law and equity upon their rights. The thirty-fifth fact found by the learned chancellor below, at the request of the appellees, is: “Mr. Westinghouse did not at the time of any of the purchases made by him from the Security Investment Company occupy any relation of trust or confidence to the company with reference to said ‘sales, or any of them, nor did he have any voice or exercise any influence as to the amount of money which the Security Investment Company was willing to take for said property or any of it.” This fact, justified by the evidence, put an end to complainants’ case. The material facts appear in the opinion of the court below dismissing the bill, and, on that opinion, subsequently immaterially modified as to the third finding of fact, the decree is affirmed at the costs of the appellants.