1,384, Brundage v. Home Sav. & Loan Ass'n of Minneapolis
| Decision Date | 01 March 1895 |
| Citation | 11 Wash. 288,39 P. 669 |
| Court | Washington Supreme Court |
| Parties | BRUNDAGE ET AL. v. HOME SAVINGS & LOAN ASS'N OF MINNEAPOLIS ET AL. (NO. 1,384. |
Appeal from superior court, Spokane county; Jesse Arthur, Judge.
Action by Jennie Brundage and Byron Brundage against the Home Savings & Loan Association of Minneapolis, Minn., and the Northwestern & Pacific Hypotheek Bank, for the appointment of a temporary receiver of certain mortgaged property, for its restitution, and damages for withholding it, and for any other just and proper relief. From an order appointing such receiver, the loan association appeals. Reversed.
Samuel R. Stern and Lucien J. Birdseye, for appellant.
This is an appeal from an order made by the superior court of Spokane county, discharging the receiver of certain mortgaged real property, granting him and his counsel allowances for services and disbursements, and passing the receiver's accounts. The court below, on September 27, 1893, appointed one Morris Fox temporary receiver of the property described in the complaint in an action then pending; and upon October 17, 1893, after hearing upon affidavits, Fox's appointment was made permanent. He qualified on October 19 1893, and an appeal from the order thus appointing him was taken and perfected on October 21, 1893, and a supersedeas bond given and filed on that day. The order appointing Fox temporary receiver limited his powers to the collection of rents, and reads as follows "Therefore, it is ordered that Morris Fox be, and is hereby, appointed temporary receiver over said property, and all moneys due and becoming due from said property, for the purpose of receiving, collecting, and holding the rents and income from the said property, and that he receive, collect and hold the said rents, income, and moneys derived therefrom until the further order of this court, and subject to the orders of this court." By virtue of this order, Fox collected October 1, 1893, rent amounting to $67, and on October 17, 1893, insurance moneys amounting to $96.97, and made no other collections until after November 1, 1893, which was after the supersedeas bond had been given and an appeal from the order appointing him perfected. Notwithstanding the fact that the appeal had been duly perfected, the court permitted said Fox to testify as to matters collected and matters attended to after this time and confirmed his report with regard thereto, all against the objection of the appellant, duly entered. The court allowed the receiver for his services $175, and to two attorneys, whom he claimed it was necessary to employ (although not partners), $100, and ordered the discharge of the receiver and his bondsmen, and passed his accounts, including items received and expended both...
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