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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

City of St. Louis v. Goldenberg, 529 S.W.2d 33 (1975)

Citation
City of St. Louis v. Goldenberg, 529 S.W.2d 33 (1975)
Parent Document
City of St. Louis v. Goldenberg, 529 S.W.2d 33 (1975)
Jurisdiction
Missouri (state)
Effective Date
1975-10-14

Full Text

2,265 chars
The case requires an examination of the receivers’ performance4 as prescribed by the statutes and set forth in the appointing order. The court’s order is little more than an enumeration of pertinent statutory powers available to receivers; however, the statute provides no standard or statement of the required level of care. *37Accordingly, we turn to the general law to find the prescribed standard of performance. It appears that “A receiver, in caring for the property or managing the business over which he has been appointed, is bound to proceed with at least ordinary care and prudence. When he uses ordinary care and prudence, that is, the care and diligence which an ordinarily prudent man uses in handling his own estate, he has fulfilled the measure of his official duty, and is not answerable for losses which occur to the property and assets in his charge; but when he fails to exercise this degree of care and diligence, he becomes answerable for the consequences of his neglect or dereliction. He is not an insurer of the safety of the property; ordinary care is the test of his responsibility.” 66 Am.Jur.2d Receivers § 867, p. 184; Vander Vorste v. Northwestern National Bank, 81 S.D. 566, 138 N.W.2d 411 (1965); 20 A.L.R.3d 960. “So a receiver is not personally liable for acts done and losses sustained in administering an estate . provided he acts in good faith and with ordinary care and prudence.” 75 C.J.S. Receivers § 189, p. 835. This rule found expression in several cases from sister states including Athanason v. Hubbard, 218 So.2d 475, 478[6] (Fla.App.1969), in which a receiver was held not liable for good faith actions, taken while following advice of counsel; and in Morris v. Pierce, 188 Okl. 396, 110 P.2d 294 (1940), it was held “A receiver is required to exercise only ordinary care and judgment in the keeping of property coming into his possession as receiver . . . Similarly the Texas Court of Civil Appeals in Harrison v. Coutret, 157 S.W.2d 454, 456[1] (Tex.Civ.App.1941) stated: “Having acted within the authority given him in the order appointing him, he is not responsible for any loss which may have accrued, unless he acted in bad faith or failed to use ordinary care and discretion in the management of the business.”