Peters v. Bain

[Syllabus from pages 670-672 intentionally omitted] These are appeals from a final decree of the circuit court of the United States for the eastern district of Virginia, entered on the 15th day of June, 1886, upon a bill in equity brought by William H. Peters, receiver of the Exchange National Bank of Norfolk, against Robert T. K. Bain, George M. Bain, Jr., and James G. Bain, late partners under the name and style of Bain & Bro., survivors of themselves and Thomas A. Bain, deceased; and John T. Griffin, William W. Old, and John B. Jenkins, trustees under a deed of assignment from Bain & Bro.; and upon a cross-bill filed by said trustees. The cause, after being brought to issue, was referred to a special master, who took evidence and reported thereon, and was heard by Mr. Chief Justice WAITE and the circuit judge. The opinion of the court was delivered by the chief justice, and is as follows: