Delaney Producing & Refining Co. v. Crystal Petroleum Products Co.

This is an appeal from a judgment of dismissal as to the co-defendant Thomas C. Job, entered upon failure of the plaintiff to amend his complaint after a demurrer had been sustained for failure to state facts sufficient to constitute a cause of action.

An action in assumpsit was brought against the defendant Crystal Petroleum Products Corporation for the value of certain petroleum products alleged to have been sold and delivered. This suit for the value of merchandise sold, was combined with an effort to allege facts constituting an equitable action based upon a demand under the “trust fund doctrine” to reclaim alleged assets belonging to the defendant corporation “'for the benefit of plaintiff and all other creditors similarly situated.” Plaintiff sought to accomplish this purpose by applying for the appointment of a receiver to take charge of the assets of the corporation, and by an effort to procure a decree of court declaring a certain assignment of lease and option to purchase real property, which were held by the defendant Thomas C. Job, to be a mortgage, and praying that the equity therein be held by said Job as a trustee for the benefit of the creditors and stockholders…