by George Sutherland

“ On the same day, the chancery court allowed Taylor compensation as receiver in the sum of $1,500, and Duty compensation as attorney in the sum of $500. The receiver turned over the estate to the trustee with the exception of these sums, which petitioners refused to deliver. The trustee applied for a summary order upon petitioners, directing them to turn over to him the sums thus withheld. The referee granted the trustee's application, which the District Court sitting in bankruptcy, affirmed; and this, in turn, was affirmed upon appeal by the Circuit Court of Appeals. ”

“ The situation presented in each of those cases substantially differs from that presented here. See May v. Henderson, 268 U.S. 111, 115, 116, 45 S.Ct. 456, 69 L.Ed. 870; In re Louis Neuburger, Inc. (D.C.) 233 F. 701, affirmed Id. (C.C.A.) 240 F. 947. Moreover, the status of a receiver and that of an assignee, as already sufficiently appears, is essentially different. ”

“ This applies while the possession is constructive as well as when it becomes actual. Mueller v. Nugent, 184 U.S. 1, 14, 22 S.Ct. 269, 46 L.Ed. 405; Taubel-Scott-Kitzmiller Co. v. Fox, 264 U.S. 426, 432, 433, 44 S.Ct. 396, 68 L.Ed. 770; Orinoco Iron Co. v. Metzel (C.C.A.) 230 F. 40, 44, 45, and cases cited. ”