Nisbet v. Great Northern Clay Co.

Citations

• 41 Wash. 107
• 83 P. 15
• 1905 Wash. LEXIS 1075

Syllabus

<p>Receivers — Sales — Confirmation. The confirmation of a receiver’s sale, consented to by all the creditors excepting one, should not be set aside at the instance of a single creditor, where it is not shown that any higher sum could be realized upon a resale, and the highest sum possible seems to have been obtained.</p> <p>Same — Receiver’s Certificates — Priority. A creditor is in no position- to contest the priority of receiver’s certificates which recited that they were a first lien on the assets, where his rights were based upon a similar receiver’s certificate reciting that the others were prior liens; nor could he contest the priority of another earlier certificate which by inadvertence was not mentioned in his certificate.</p> <p>Same — Claims for Labor — Priority. A receiver’s certificate is junior to the claims of laborers for services performed for the receiver, under Laws 1897, ch. 43; especially where it states on its face that it is subject to the expenses of the trust.</p> <p>Receivers — Sales — Certificates as Part of Purchase Price. A receiver’s sale cannot be attacked on the ground that the purchaser had an understanding with the court that certain receiver’s certificates should be received as part of the purchase price where such certificates were entitled to priority and must first be paid out of the proceeds of the sale.</p> <p>Receivers — Sales—Notice. It is not necessary to give creditors notice of a receiver’s sale, where the sale is made in good faith and is for the best interests of the trust.</p> <p>Receiver — Allowance for Pees. An allowance of $2,000 for a receiver and his attorney out of an insolvent estate from which $11,200 was realized held not excessive on the showing made.</p>