Northrup National Bank v. Varner

Citations

• 82 Kan. 691
• 109 P. 394
• 1910 Kan. LEXIS 323

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Receiver’s Bond — Obligees—Parties Entitled to Sue. A receiver’s bond running to parties named and “all persons interested or having an interest in the property” may be availed of by one who loaned money, upon the order of the court, to care for and preserve the property placed- in the custody of the receiver.</p> <p>2. - Failure to Pay Money as Directed by the Court — Liability of Receiver and Surety. The bond further provided that the receiver should perform the trust imposed and make due report of his trust to the court, as ordered by it, and make true account of all moneys and property which should come into his hands. Held, that when the receiver failed to pay over money in his hands, as directed by the court, there was a breach of the bond, for which the receiver and his surety were liable.</p> <p>3. - Order of Distribution — Evidence against Surety of Receiver’s Default. The finding and judgment of the court as to payment and distribution of the fund in the action in which the receiver was appointed is competent evidence in the action on the bond to show the default of the receiver and the breach of the conditions of the bond.</p> <p>4. Fees and Salaries — Receivers — Discretion of the Court. The compensation of the receiver for his services, when payment of it shall be made, and from what funds, is largely within the discretion of the court by which he was appointed, and it does not appear that there was an abuse of that discretion in this instance.</p>