Cake v. Mohun

Citations

• 164 U.S. 311
• 17 S. Ct. 100
• 41 L. Ed. 447
• 1896 U.S. LEXIS 1864

Syllabus

<p>After the death of the receiver, this case was properly revived in the name of his executrix.</p> <p>While, as a general rule, a receiver has no authority, as such, to continue and carry on the business of which he is appointed receiver, there is a discretion on the part of the court to permit this to be done when the interests of the parties seem to require it; and in such case his power to incur obligations for supplies and materials incidental to the business follows as a necessary incident to the office.</p> <p>A purchaser of .property at a receiver’s sale who, under order of court, in order to get possession of the property gives an undertaking, with surety, conditioned for the payment to the receiver of such amounts as should be found due him on account of expenditures or indebtedness us well as compensation, thereby becomes liable for such expenditures and indebtedness. In determining what allowances shall be made to a' receiver and to his counsel this court gives great consideration to the concurring views of the auditor or master and the courts below; and it is not disposed to disturb the allowance in this case, although, if the question were an original one it might have fixed the receiver’s compensation at a less amount.</p>