Page:Federal Reporter, 1st Series, Volume 8.djvu/160

146 FBDBBAI. REPOBTBB. �The defendants, wliora the complainant seeks to enjoin from bring- ing him to an account in the court of common pleas of Crawford county, are creditors of the Titusville Savings Bank, and they alJeged that the complainant has not lawfully disbursed the said sum of $25,631.88, and that they have not received their pro rata shares thereof to which they are entitled under the deed of voluntary assign- ment. Now, if these allegations are true, are these creditors remedi- less, and where can they obtain relief, if not in the state court? Why should not the complainant file an account in the court of com- mon pleas of Crawford county to the extent of the assets which were excepted from the operation of the decree of this court ? It is true, the decree recites that the complainant had made disbursements, to the amounts specified, to creditors and to the expenses of bis trust, and his commissioners are also specified. But these recitals were merely to show how the cash in his hands,. which he was to pay over to the assignee in bankruptcy, was reduoed to the sum of $801.11. No detailed account was exhibited tothis court, nor were the com- plainant's vouchers produoed ; and the defendants had no oppor- tunity to be heard upon the question of distribution. Can it be maintained, then, that creditors who are entitled to shares of this fund, but who receive nothing, are concluded by vague recitals in the decree of this court ? This would be to pervert the decree from its manifest purpose. Clearly this court did not intend to undertake the distribution, among the parties entitled thereto, of the assets expressly excepted from the operation of its decree, which the com- plainant "collected and converted into money in his capacity of as- signee of said copartnership undef st^te law." As to these assets, theref ore, the complainant must be lef t to settle his account in the appropriate forum. �And now, July 5, 1881, the injunction prayed for is refused, and the provisional injunction heretofore granted is dissolved. ��� �