Higgins
United States Fidelity &. Guaranty Co. v. Higgins
Opinion
Lead Opinion
Rudkin, J.
September 13, 1927, one Coggins qualified as equity receiver in a suit then pending in the court below, and, upon his qualification, furnished a bond in the sum of $25,000, payable to the United States, with the United States Fidelity & Guaranty Company as surety, conditioned for the faithful performance of his duties as receiver and a faithful accounting for all money coming into his hands. From the date of his appointment to December 20, 1927, the receiver operated the business of the concern for which he was appointed. December 20, 1927, an involuntary petition in bankruptcy was filed in the court bolow against the defendant in the receivership suit, and an adjudication followed on January 4,1928. January 28, .1928, one Higgins was appointed trustee in bankruptcy and qualified as such. December 19, 1927, the receiver filed his report in the equity suit, followed by supplemental reports on February 16, March 12, and March 30,1928. With his first report, the receiver filed an application for compensation, and on the same day his counsel filed a like application. February 16, 1928, the court made an order referring the account, the supplemental accounts and applications for…