Wynne v. Simmons Hardware Co.

Stayton, Associate Justice.

Thomas F. Hudson & Son made an assignment, under the statute, for the benefit of such of their creditors as would consent to take under it and release them.

C. E. Wynne was made the assignee, and he qualified and proceeded to administer the insolvent estates.

This action is by many of the consenting creditors to recover from the assignee several sums of money claimed to have been illegally paid out by him in the course of his administration* to remove him therefrom and to have some other person appointed in his stead.

The money is sought for the benefit of all…