State ex rel. Lesueur v. Greene County Bank
State ex rel. Lesueur v. Greene County Bank
Opinion of the Court
On the petition of the attorney general, the Greene County Bank was placed in the hands of receivers, and Grabill and Clements were, by the judge of Greene county circuit court, appointed receivers thereof, and as such took charge of and administered its assets. On May 27, 1896, they filed their
Compensation of receivers:receivers: abuse cretioiíial dis‘ The evidence disclosed that.the total amount of assets that came into the hands of the receivers, was $190,117.10; that of this amount $63,203.95 was in real estate; that they collected on- sunary amounts, bills, etc., due the bank, $75,503.05, and disbursed in payment of taxes, deposits, etc., due from the bank, $73,387.06, and' had on hand at the date of their final report, cash, $2,115.99; uncollected notes and discounts, $41,272.92; real estate, $63,203.95. Before entering upon their duties as receivers they executed a bond in the sum of $100,000, approved by the court, for the faithful performance of their duties. They were engaged ten months with the affairs of the bank as receivers. The evidence tended to show that they were not kept employed all the time as receivers, but its affairs required the daily attendance of one or both at the office of the bank, and that they had consultations over all the important business transactions concerning the affairs of the bank. ' The weight of the testimony as to the value of the services of these receivers place it at from $2,500 to $3,000. The entry of the judgment in the case shows that the learned judge, who heard the evidence and made the. allowance, was more influenced by his personal knowledge of the matter, than by the testimony of the witnesses as to the value of the services of these assignees. It is true that they were officers of the court and that their com
This being in the nature of an equitable proceeding, we shall proceed to do in this court, what the evidence indicates should have been done in .the court below, — that is, to allow the appellants such a sum as will, under the evidence, fairly compensate them for their services. We think that under all the evidence in this case $2,500 is a reasonable sum for the compensation of these two receivers, and that sum will be allowed here.
The judgment is reversed and the cause remanded, with directions to the trial court to set aside its judgment, and to enter judgment allowing appellants the sum of $2,500 in full for all their services as receivers of the Glreene County Bank. It is so ordered.
Reference
- Full Case Name
- State of Missouri ex rel. Alexander A. Lesueur v. Greene County Bank, Respondent E. H. Grabill, Receivers
- Cited By
- 2 cases
- Status
- Published