Ricks v. Broyles
Supreme Court of Georgia
Receivers. Bailments. Equity. Banks. Before Judge' Boynton. Fulton Superior Court. March Term, 1886. Ricks sued out a rule against E. N. Broyles, as receiver, and others, reciting that Broyles had beén appointed receiver under a bill filed by Shields & Co. against J. B. Red-wine and others; that as such receiver it was his duty to take charge of certain furniture and to dispose of it and hold the proceeds subject to the order of the court; that he did dispose of it; and that…
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Receivers. Bailments. Equity. Banks. Before Judge' Boynton. Fulton Superior Court. March Term, 1886. Ricks sued out a rule against E. N. Broyles, as receiver, and others, reciting that Broyles had beén appointed receiver under a bill filed by Shields & Co. against J. B. Red-wine and others; that as such receiver it was his duty to take charge of certain furniture and to dispose of it and hold the proceeds subject to the order of the court; that he did dispose of it; and that there were various claims to the fund whose priorities had been adjudicated. It was ordered that the receiver report to…
1Opinion of the Court
Bleckley, Chief Justice.
1. When money awaiting the result of litigation is in the possession of a receiver at the place of permanent custody, and he has no further duty in respect to it but that of preservation, it is already in court, the receiver being the hand of the court to hold it, and he cannot pay it out, or part with his actual custody of it by depositing it in bank, or otherwise, save at his own risk, without some order, leave or direction authorizing him so to dispose of it. He is for the court that appointed him as much a final custodian as is the Bank of England for the court of…
2Cases cited4 opinions
- Field v. JonesSupreme Court of Georgia · 1852
- Brown v. WrightSupreme Court of Georgia · 1869
- Phillips v. LamarSupreme Court of Georgia · 1859
- Morgan v. HardeeSupreme Court of Georgia · 1884
3Cited by23 opinions
- United States v. Citizens and Southern National Bank, United States of America v. Citizens and Southern National BankCourt of Appeals for the Fifth Circuit · 1976
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- McGregor v. BattleSupreme Court of Georgia · 1907
- Fidelity & Deposit Co. v. ButlerSupreme Court of Georgia · 1908
- Lamar v. TaylorSupreme Court of Georgia · 1914
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