McLeod
McLeod v. Boone
Opinion
Lead Opinion
Wilbur, J.
Dan Boone, one of the appellees, had commenced certain proceedings for the benefit of creditors under the direction of the receiver of Tooey Corporation, owned by the bankrupt, and had incurred other expenses for the benefit of creditors in an effort to subject certain property of the corporation and the bankrupt to the claims of the creditors. 1 Thereafter, an involuntary petition in bankruptcy was filed and the appellee Dan Boone continued his effort to subject the property of the bankrupt to the claims of the creditors, being thereto authorized and employed by the trustee in bankruptcy. His claims for such services were divided into two classes, those for which he claimed the right to be subrogated to the claims of other creditors, and those which he claimed were direct claims against the bankrupt estate as proper charges of administration.
The appellants, Mazie McLeod and Edwin J. Miller were creditors of the bankrupt and their claims had been approved by the referee.
In order to secure reimbursement for the moneys advanced and labor performed on behalf of creditors, the appellee Dan Boone obtained from certain creditors, including the appellants, an agreement that his claim…