Opinion
04-06-1899
BIRD v. MAGOWAN et al.
John T. Bird, pro se. John H. Backes, for Allen Magowan.
Bill by John T. Bird, receiver of the Trenton Rubber Company, against Allen Magowan and others. On motion to amend. Granted. For former opinion, see 43 Atl. 278.
John T. Bird, pro se.
John H. Backes, for Allen Magowan.
REED, V. C. In respect to the objections taken by Mr. Backes to a decree against Allen Magowan in accordance with the conclusions already filed, it appears upon inspection that the bill charges that Frank A. Magowan was indebted to the Trenton Rubber Company on a special account amounting to $4,093.04, and on a further account of $270,432.09; and that he, with the connivance of Allen Magowan and William P. Hayes, diverted the sum of $270,432.09. The bill further charges that, during the timeFrank A. Magowan was abstracting the several sums, Allen Magowan and William P. Hayes were directors of the corporation, and negligently permitted said Frank A. Magowan to abstract the several sums of money amounting to the said sum of $270,432.09; that from April 1, 1892, to November 15, 1895, Frank A. Magowan and William P. Hayes conspired to take advantage of Allen Magowan to abstract moneys, etc. There appears to be no specific charge that after the date of November 15, 1895, Allen Magowan was negligent in regard to the abstractions which appear in the special account. I am of the opinion that the bill should be amended in this respect. I will order such an amendment to be made, and a service upon the solicitor of Allen Magowan of an order to answer the same within 20 days. Any subsequent application for further hearing can be made upon notice.