George K. Deming, Respondent, v. Johh H. Puleston, Appellant

George K. Deming, Respondent, v. Johh H. Puleston, Appellant. (Submitted December 2, 1873; decided December 9, 1873.) This was an action against defendant, as trustee of the Hocking Valley Oil and Coal Company, to recover a debt due plaintiff from the company, on the ground that no report was filed as required by the statute; defendant sought to avoid liability on the ground that his term as trustee had expired when the debt was contracted, and also that the claim was merged in the notes of the company, taken after the expiration of defendant’s term, and which was put into judgment. The term for which defendant was elected had expired, but no new trustees had been elected and defendant subsequently acted as trustee. Held, that defendant was trustee de facto, and, as such, it was incumbent upon him to aid in making the report, and for the failure he was liable, and that such liability was not affected by plaintiff’s attempt to collect of the corporation. Arthur P. Hinrnan for the appellant. W. B. Putney for the respondent. [MAJORITY] Agree to affirm on opinion of court below. All concur. Judgment affirmed.