55 Iowa 70 | Iowa | 1880
— I. The petition alleges that plaintiff was, on the 4th day of March, 1876, appointed receiver of the proj>erty of the Des Moines Gas Company in an action brought by the Charter Oak Ins. Co. to foreclose a deed of trust executed by the gas company upon its property; that defendant is indebted to the gas company in the sum of $161.80 for gas and coke furnished between October 31st, 1875, and July 31st, 1876; that after the appointment of the receiver he took charge of and operated the gas works, and thereafter furnished defendant with gas and coke to the amount of $192.62.
The defendant in his answer sets up a counter-claim, alleging that he was employed as the attorney at law of the gas company, and rendered services under such employment to the value of $850 in an action brought by the gas company against the City of Des Moines.
The following facts are disclosed by the special verdict and findings of the court.
The action wherein the receiver was appointed was commenced August 31‘st, 1875; the cross-bill of the Charter Oak Ins. Company, which prays the appointment of a receiver, was filed September 7th, 1875, and the receiver was appointed March 4th, 1876. Erom the order making this appointment an appeal was taken and supersedeas bond filed, and after the affirmance of the order, on the first of August, 1876, all the property of the company was turned over to the receiver.
The jury found that defendant was employed and rendered services for the gas company of the value of $700, and that
The gas company, before the receiver took possession of the property, furnished gas and coke to defendant of the value of $161.80. The receiver, after'he went into possession of the property under his appointment, furnished defendant with gas and coke amounting in value to $192.62.
It is very plain that the commencement of the proceedings for the appointment of the receiver did not subject the property of the gas company to the custody of law, and bring it
In the Des Moines Gas Co. v. West et al., 50 Iowa, 16, we ruled that an attorney for the defendant, in a proceeding for the appointment of a receiver, did not hold a lien for his fees upon the funds in the hands of the receiver, which would be
Applying the principles we have announced to the facts of this cáse we reach the conclusion that the Circuit Court erred in not allowing defendant’s counter-claim against all charges for gas and coke delivered to him before the receiver actually took possession of the property of the gas company. The amount of these charges is $161.80.
The defendant cannot set off his claim against the plaintiff’s claim for gas and coke sold by the receiver after the property came into his hands, August 1st, 1876. The plaintiff is entitled to judgment for $192.62, and interest as provided by law. The judgment will be affirmed on plaintiff’s appeal and reversed on defendant’s appeal, and the case will be remanded for judgment in accord with this opinion, or at the option of defendant such a judgment may be entered in this court. Plaintiff will pay the costs of both appeals.
Affirmed on plaintiff’s appeal.
Beversed on defendant’s appeal.