In re the Rule upon the Western Marine & Fire Insurance

Citations

• 38 Ill. 289

Syllabus

<p>1. Depositary—of court funds—his relation to the court, and his liability. When a court makes a particular person a depositary of its funds, and such person, with knowledge of such order, accepts the deposit, he becomes pro hae vice an officer of the court, and if, upon the order of the court, he fails to refund the money-without showing some valid reason,-he is guilty of a contempt.</p> <p>The same rule is applicable to a corporation having court funds.</p> <p>2. Same—in case of an assignment by the depositary. In such case, if the depositary becomes insolvent, with court moneys in his hands, and makes an assignment for the benefit of his common creditors, his assignee is not a quasi officer of the court, and can not he punished for disobedience of such order, provided, such deposit was a general one, merely creating the relation of debtor and creditor.</p> <p>3. The relation of such assignee to the court, is not different from that which he occupies to the other creditors.</p> <p>4. When such deposit is made a specific bailment, for safe keeping, the same money to be returned, and there is no change of ownership, the court may follow its specific property even in the hands of an assignee.</p>