Exnicios

Appellant, in an action filed in the Superior Court in and for the City and County of San Francisco, numbered 94,314, and entitled “Charles H. Goewey, Plaintiff, v. Herbert Goewey and Goewey Investment Co., a Corporation, Defendants,” was duly appointed receiver of the property of the corporation. Following the order he filed a qualifying bond which was furnished by the respondent surety company. He entered upon his duties and during the period of his active receivership was paid by order of the court certain sums as fees for his services and those of his attorney. Subsequently the investment company was adjudged a bankrupt and its property was surrendered by the receiver to the trustee in bankruptcy. Thereafter the trustee brought suit in the above Superior Court against appellant and respondent Surety Company to recover the amount received as fees by appellant and his attorney and for a further sum alleged to have been lost while the business of the investment company was being conducted by the receiver. The action last mentioned was numbered 129,253 and entitled “Charles W. Taylor, Trustee in Bankruptcy for the Goewey Investment Co., a Corporation, a Bankrupt, Plaintiff, v.…