Massachusetts Supreme Judicial Court, 1867

Commonwealth v. Eagle Fire Insurance

Commonwealth v. Eagle Fire Insurance
Massachusetts Supreme Judicial Court · Decided January 15, 1867 · Chapman
96 Mass. 344

Commonwealth v. Eagle Fire Insurance

Opinion of the Court

Chapman, J.

1. The president of the company did not render all the services for which his salary was to be paid, the exercise of his office having been suspended by legal authority. The salary was therefore properly apportioned by the master.

2. Interest is properly chargeable on the balance, because the money was illegally appropriated, and both receivers were responsible. ■ One of them made the appropriation, and the other negligently permitted it.

3. They are jointly liable, because both are responsible for the improper appropriation of the funds.

Report of master confirmed; interest to be charged on the balance due from the receivers from the time of rendering theii account; the receivers to be charged jointly.

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