96 Mass. 349
Massachusetts Supreme Judicial Court
Decided January 15, 1867
Massachusetts Supreme Judicial Court · decided 1867-01-15
Two actions of contract, the first of which was brought against the principal and surviving sureties, and the second against the administrator of a deceased surety, on a bond given by Elihu C. Baker and seven sureties to the clerk of this court for Suffolk county, with condition that said Baker should well and faithfully discharge the duties of receiver of the property and effects of the Traders’ Mutual Fire Insurance Company, according to the order and decree of said court.
Decided 1867-01-15
¶1The money sought to be recovered in this action was paid to Baker as receiver of an insolvent insurance company, appointed by this court. He and his sureties are liable, unless the money was received under such circumstances that he is liable to repay it to those from whom he received it. But the facts show that the payments were so far voluntary that they cannot be recovered back. Benson v. Monroe, 7 Cush. 125.
¶2Judgment for the plaintiff.