Chandler v. Cushing-Young Shingle Co.

Citations

• 13 Wash. 89
• 42 P. 548
• 1895 Wash. LEXIS 55

Syllabus

<p>APPEAL — ERRORS NOT OF RECORD — ASSIGNMENT OF ERRORS — APPEAL-ABLE ORDER — RECEIVERS — ACCOUNTING AND COMPENSATION — LIABILITY FOR LOSSES —SALES BY RECEIVER TO HIMSELF—RATIFICATION BY CREDITORS.</p> <p>Where it does not appear from the record that no copy of the statement of facts proposed by appellant was served upon respondent after filing in the superior court, that ground of objection to the statement cannot be urged.</p> <p>Where the only matter before the court for consideration is that of the accounting of a receiver in the cause in which he had been appointed, an order confirming his final report and directing a distribution of the funds in his hands, is appealable.</p> <p>An appeal will not be dismissed for want of a specific assignment of errors in appellant’s brief, when the brief, in the course of the argument on the “points ” made therein, refers to the objections in the record which were passed upon by the court in making the order appealed from.</p> <p>The fact that a receiver is not designated as such by appellant in the proceedings upon appeal from an order confirming his account and directing distribution, is no ground for dismissal, when the record plainly shows that he is proceeded against as receiver.</p> <p>A receiver of a shingle company cannot be required to account for profits made by another corporation in a foreign market upon shingles sold by him to such corporation, although himself a stockholder therein, when, as receiver, he had not sufficient funds to enable him to ship his shingles to another market, but sold them for cash to his own corporation at the highest market price in the locality.</p> <p>Where the court by which a receiver was appointed has fixed his compensation, after the hearing of testimony, and the allowance made-is warranted by the testimony adduced, and appears to be reasonable, the exercise of the court’s discretion will not be interfered with by the appellate court.</p> <p>A receiver appointed to operate a mill p