State Ex Rel. Collins v. Gooch
Supreme Court of North Carolina
Civil action, heard on a case agreed, by Shipp, Judge, at January Term, 1887, of Halifax Superior Court. Pending the action on the guardian bond of the defendant Hervey and his sureties, John T. Gregory, clerk of the Court, was appointed receiver, and funds belonging to the infants Annie N. and Maggie W. Conigland came into his hands as such.
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Civil action, heard on a case agreed, by Shipp, Judge, at January Term, 1887, of Halifax Superior Court. Pending the action on the guardian bond of the defendant Hervey and his sureties, John T. Gregory, clerk of the Court, was appointed receiver, and funds belonging to the infants Annie N. and Maggie W. Conigland came into his hands as such. The order was made at Spring Term, 1882, in these words: “ This cause coming on to be heard, and it being made to appear to the satisfaction of the Court, that John T. Gregory is a suitable and responsible person to appoint as receiver of the estates of…
1Opinion of the Court
Siiith, C. J.,
(after stating the facts). It is manifest that there being no guardian, the receiver was appointed to act substantially as such, in taking care of and disbursing the fund. He is allowed to expend the income in the maintenance and education of the infants during the succeeding twelve months, and required to make annual returns, “to be-passed upon and audited” by the Judge presiding. While a receiver generally, as a trustee, is responsible only for the-consequences of his own neglect, and is protected when he acts in entire good faith in the management of the estate committed to…
2Cases cited3 opinions
- Atlantic & North Carolina R. R. v. CowlesSupreme Court of North Carolina · 1873
- Moore Ex Rel. Carr v. AskewSupreme Court of North Carolina · 1881
- Sale v. MeletusDistrict Court, D. Alaska · 1908
3Cited by5 opinions
- Corcoran v. KostrometinoffCourt of Appeals for the Ninth Circuit · 1908
- Cobb v. . FountainSupreme Court of North Carolina · 1924
- Moore v. . EureSupreme Court of North Carolina · 1888
- State Ex Rel. Bane v. NicholsonSupreme Court of North Carolina · 1932
- Boyett v. . HurstSupreme Court of North Carolina · 1854