116 Ky. 680 | Ky. Ct. App. | 1899
Opinion of the court by
Affirming.
The appellee, Charles M. Fleming, was the master commissioner and receiver of the Fleming Circuit Court, and as
“Each circuit court may select and designate by order a bank, State or national, as a place of deposit fo.r moneys-paid into court. Such bank shall before receiving the deposit, execute bond, with good sureties, to be approved by the court, in a penal sum to be fixed by the court, payable to the Commonwealth, and conditioned to pay all moneys deposited by the receiver or commissioner upon any check drawn by him under order of court.
“It shall be the duty of the receiver, or commissioner, acting as such, to receive into his custody and safely keep all moneys paid to him under order of court, and if any depository has been selected by the court, he shall, as soon as practicable deposit such moneys therein. Money paid into the court shall be paid out by the commissioner or receiver on the written order of the court, attested by the clerk and not otherwise.”
“The court shall, when-practicable, require the depository to pay interest on the deposit, and such interest shall be-devoted, under proper rules or orders of the court, to the payment of costs in each case.”
Kentucky Statutes, sections 411, 412, 415.
The purposes of these provisions was not to add to the liabilities of the receiver, but to provide for the greater security of the funds and to make them interest-bearing. It will be observed that the receiver is charged with no duty in regard to the appointment of the depository. This is, left entirely to the circuit court, and is a matter of discretion with him; he may or may not make a selection, as he may deem best. After he had acted, the receiver is charged with no duty until the depository gives bond. Until all this is done, the receiver must take such care of the money com
Under proper instructions, the jury found in favor of appellee on the question of negligence. We think the evidence supports their finding. The appliances of a bank afford SO' much better security for money against fire and theft that business men almost universally put their money in bank, rather than keep it themselves. For the receiver to have kept this money himself would have been much greater evidence of negligence than the putting of it in a bank'universally recognized as solvent. Appellant himself had in the same bank to his own credit a much larger sum than that for which he proposes to hold the receiver responsible, and the evidence is very persuasive that, if he had drawn the fund sued for from the receiver; it would simply have been placed to his credit with his other funds in the same bank, and he would be now in the same situation, substantially, as he is. Judgment affirmed.