Bain v. Ben's Creek Coal & Coke Co.

Citations

• 59 Pa. Super. 356
• 1915 Pa. Super. LEXIS 78

Syllabus

<p>Corporations — Receiver’s bond — Premium on bond — Trustee of mortgage.</p> <p>An application by a surety company, which had become surety on the bond of a receiver of an insolvent corporation, to compel the trustee of a mortgage of the corporation, to pay the premiums due on the bond, will be dismissed where there is nothing to show that at the time the application was made, the trustee had any funds in its hands, and it appears from the trust company’s answer and the record of the case that the company had, under a former order of the court, which had been unappealed from, paid all the funds' in hand in settlement of royalties and wages justly due, in order to secure a discontinuance of certain actions in ejectment and the assignment of certain coal leases.</p>