Haddock v. Plymouth Coal Co.

Citations

• 237 Pa. 37
• 85 A. 23
• 1912 Pa. LEXIS 889

Syllabus

<p>Receivership — Compensation of Receiver — Trust Company — Interest on deposit — Surcharge.</p> <p>1. A percentage allowance to a trust company as compensation for its services as receiver during a period covered by its fourth and final account will not be reversed as being unreasonable or contrary to an alleged agreement under which such services were to be performed at a fixed sum per year,-where such compensation was fixed by the court, after hearing, at a most reasonable figure, and where the evidence disclosed either that the alleged agreement was never consummated or that it was subsequntly waived.</p> <p>2. A trust company which acts as receiver will not be surcharged with interest upon receivership moneys deposited in its own bank, in a business account, subject to check, where it appears that such .deposit was made in good faith, with the knowledge and consent of the company whose, affairs were being administered and of its creditors, and was justified by the nature of receiver’s duties; that any benefits accruing to the trust company therefrom were considered in making claims for compensation; that no ascertainable profits were derived therefrom; and that in view of the circumstances it was not negligent in the receiver not to charge itself with such interest.</p> <p>Appeals — Trusts and trustees — Receiver—Accounts—Exceptions —Assignments of error.</p> <p>3. On an appeal from a decree of the Common Pleas dismissing exceptions to an account of a receiver, the appellate court will not consider any question not raised by an exception to the account and made the subject of an assignment of error. The discussion of any such question by counsel for the appellant is entirely out of place.</p> <p>4. On such an appeal where one of the exceptions raised an objection to the amount of the fee of receiver’s counsel, but such objection is not referred to in the statement of the questions involved in the appellant’s paper-book, ,and the objection is not seriously pres