157 Ky. 371 | Ky. Ct. App. | 1914
'Affirming.
Mathias Higgins was appointed receiver of the Campbell Circuit Court in January, 1904, and executed a bond with the United States Fidelity and Guaranty Company as his surety in the sum of $10,000. The bond, after setting out his appointment, reads as follows:
“Now, therefore, the condition of this obligation is such that if the said Mathias Higgins shall correctly and faithfully discharge all the duties of receiver of the Campbell Circuit Court and shall account for all monies received and pay and deliver the same when and as ordered by the court for one year from the 31st day of January, ¡A. D. 1904, then this obligation shall be void, otherwise to be and remain in full force and effect.”
In that year Higgins as receiver, under an order of • the court, took charge of certain real estate in the case of John Shields et al. v. Henry Shields, then pending, and as such collected from the former receiver, on March 9, $360.50; he also collected, or should have collected, during that year rents from the property amounting to something over $200, and paid out about $80, so that there was a balance in his hands, or that should have been in his hands, of $558.51. At the expiration of the year he executed bond with the Illinois Surety Company for a period of one year, and after the expiration of the time for which that bond was executed he continued to act as receiver and collect the rents of the property until he was ordered by the court to pay over the amount in his hands to his successor. At that time a settlement was made from which it appeared that he owed the estate something over $700, for which judgment was given against him, and on appeal that judgment was affirmed by this court. (See Higgins v. Shields, 151 Ky., 227.) This suit was brought against the Hnited States Fidelity and Guaranty Company to recover the money in his hands during the year covered by the bond it executed. The circuit court sus- . tained a demurrer to the defendant’s answer and gave judgment against the defendant. It appeals.
Judgment affirmed.