Atlantic Trust Co. v. Chapman, 208 U.S. 360 (1908)

Atlantic Trust Co. v. Chapman

No. 10

Argued January 15, 16, 1908
Decided February 24, 1908
208 U.S. 360

CERTIORARI TO THE CIRCUIT COURT OF

APPEALS FOR THE NINTH CIRCUIT

Syllabus

A receiver, as soon as he is appointed and qualifies, comes under the sole direction of the court, and his engagements are those of the court, and the liabilities he incurs are chargeable upon the property, and not against the parties at whose instance he was appointed and who have no authority over him and cannot control his actions.

While cases may arise in which it may be equitable to charge the parties at whose instance a receiver is appointed with the expense of the receivership, in the absence of special circumstances the general rule which is applicable in this case is that such expenses are a charge upon the property or fund without any personal liability therefor on the part of those parties, and the mere inadequacy of the fund to meet such expenses does not render a plaintiff who has not been guilty of any irregularity liable therefor.

145 F. 820 reversed.

The facts are stated in the opinion.