Zimmerman v. McMurphy

Citations

• 111 Kan. 654
• 208 P. 642
• 1922 Kan. LEXIS 315

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insolvent Corporation — Actions Against Corporate Officers ¡or Mismanagement — No Interest on Damages Before Judgment. In an action by an assignee of an insolvent corporation to recover from executive officers of the corporation losses and damages resulting from their mismanagement and illegal acts, interest on the damages is not recoverable before judgment.</p> <p>2. Same — Improper Charges Against Offending Officers. Nor are the offending officers, under the circumstances of the case, chargeable with the expenses of the administration of the assignment.</p> <p>3. Same — Evidence—Knowledge by Officials of Mismanagement of Business. The evidence examined and held to be sufficient to uphold the finding that the defendants had knowledge of the mismanagement and wrongs through which the losses and damages resulted, and to sustain the judgment that was rendered.</p> <p>4. Same — Faithfulness of Assignee Not an Issue in This Action. Whether or not the assignee faithfully administered his trust and collected all recoverable demands due to the estate was not open to consideration and determination in the present action.</p>