Sykes
United States ex rel. Magill-Weinsheimer Co. v. Sykes
Opinion
Lead Opinion
Wilbur, J.
Appellant brought this action to recover upon the bond of Sherman M. Sykes, receiver in bankruptcy. The trial court sustained the demurrer of the surety company and dismissed the action as to that company. The plaintiff takes this appeal from the judgment of dismissal. For convenience the Ma-gill-Weinsheimer Company will be hereinafter referred to as the appellant.
The complaint alleges that on the 31st day of May, 1927, Sherman M. Sykes was appointed and qualified to act as receiver in the matter of the estates of Edison J. Young and Eva E. Young, bankrupts; that thereupon Sykes, as principal, and the appellee, as surety, executed two bonds in the sum of $15,000 conditioned for the faithful performance of the duties of the receiver in the respective bankruptcy proceedings. The condition of the bonds is as follows :
It is further alleged that Sherman M. Sykes, as receiver, assumed control over and took charge of and collected the rents from certain “real properties of the hereinbefore mentioned bankrupt estates standing in the names of Edison J. Young and Eva E. Young,” in the complaint particularly described. It is further alleged that all of this real property was sold to…