TRUSTS - TORT LIABILITY OF TRUSTEE IN HIS REPRESENTATIVE CAPACITY

Plaintiff brought suit to recover damages for injuries allegedly sustained because of the unsafe condition of a hotel building owned and operated by the defendant trustee. The trustee was an insolvent bank and trust company in the hands of the state superintendent of banks, who was also joined as defendant. The prayer was for a judgment against the defendants in their fiduciary capacity toward the trust. On appeal of the lower court\u27s judgment sustaining defendants\u27 demurrer, held, that the trustee could be sued in his representative capacity. Carey v. Squire, 63 Ohio App. 476, 27 N. E. (2d) 175 (1939)