Larsen v. Winder

Citations

• 20 Wash. 419
• 55 P. 563
• 1898 Wash. LEXIS 543

Syllabus

<p>BOND FOB DELIVERY OF PROPERTY—SCOPE OF OBLIGATION-CONSIDERATION.</p> <p>Although the appointment of a receiver for a partnership may have been wrongful, yet a bond given by one partner in -order to obtain exclusive possession of the partnership property from the receiver is based upon a valid consideration and is binding on the obligors.</p> <p>In such a case, the obligation of the bond is not weakened by the fact that it was- never consented to by the partner in whose favor it was executed, since it was for the court, not for •the obligee, to accept and pass upon the sufficiency of the bond.</p> <p>In an action upon a bond given to secure the delivery of property in the hands of a receiver, appointed in a suit for dissolution of a partnership, to one of the partners, a judgment on the bond is not excessive because including the assets of the partnership as well as the value of the property actually delivered by the receiver, when the obligation of the bond was that the obligor should account for the value of the assets and the property of the partnership as the same might be ascertained by the court.</p>