Grabbe v. Moffit
Grabbe v. Moffit
Opinion of the Court
On July 1, 1902, the appellee was appointed by the district court receiver of a fraternal insurance organization known as the “ Fraternal Brotherhood of the World,” and entered upon the business of winding up its affairs. - Soon after his appointment the receiver obtained authority from the district court to employ the appellant or other suitable person as an expert accountant to “ examine the financial condition of said society ” and “ make his report in writing to said receiver.” Having been employed pursuant to this authority, plaintiff, with his assistants, entered upon the examination of the books and records of the society, and continued therein for several months, receiving therefor at the hands of the appellee a compensation of about $2,000. This expense being much in excess of what had been anticipated, the receiver on December 2, 1902, terminated the
We find no error in the proceedings. Appellant appears to entertain the view that he was not the employe of the receiver, but was acting under the appointment of the court, by which he was charged with the duty of making a full and complete report of his examination, and that the receiver had no authority to order him to abridge such report or limit its scope to a few specific items. In this we think he was mistaken. It was the receiver who was charged with the responsibility of settling the business of the society. It was the receiver who was authorized to employ the claimant, or any other suitable person whom he might select as an expert accountant. It was the receiver to whom the report was to be made, and it was primarily for the assistance of the receiver that appellant was employed. When the receiver asked him for a brief report upon specific items, showing results, rather than the various steps by which the results had been found, it was not'his business or his duty to insist on do
In view of the character and extent of -the report called for by the receiver, a claim that its preparation required no less than seventy-four days’ labor by expert accountants, besides the services of a stenographer, in all reasonably worth $504, borders closely -upon the absurd. The hearing was had before the court where the original order was made, and the final order entered is fairly supported by the record and by the testimony of witnesses there present in person. For the work, if any, performed by the appellant in excess of or in opposition to the explicit direction of the receiver, he is not entitled to recover; and for such work as came fairly within the scope of his instructions we think the estimate placed thereon by the trial court is just.
No reversible error appears, and the judgment of the district court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.