418 WILLIAMSON v. WILSON.

money lent and advanced to Marriott, for which the petitioner may
sue at law. But this delinquent agent of the court, after having
been removed, now asks to have the sum he alleges he has paid
Marriott, allowed as a payment made while he was trustee, without
any authority, or even pretext of authority, from this court. Most
certainly it cannot be allowed to him as a payment made as trustee.
The petitioner takes another ground, which is, that he may be
considered as an equitable assignee. But if he who had paid
money, as set forth in the petition, could be let in as an equitable
assignee, then all the other creditors of Marriott must be allowed
to come in upon the same terms. But that could never be per-
mitted. Whereupon it is Ordered, that the petition be dismissed
with costs.

A sale having been made by the trustee, and ratified by the
court, the auditor reported a distribution of the proceeds among
the claimants, which was ratified on the 22d September, 1828, and
the trustee directed to apply the proceeds accordingly, and the case
thus finally closed.

WILLIAMSON v. WILSON.

The power to appoint a receiver is one of as great utility as any which belongs to

the court, and is well established upon reason and authority.
Where there has been a breach of duty by a partner, or the firm has become insolvent,

and a partner is wasting, or threatens to make an improper application of the funds,

a receiver may be appointed before the coming in of the answer^
A receiver is considered as an executive officer of the court, bound so to keep the

property placed in his hands, that it may be easily traced, and immediately produced

when called for; and on his failing to do so, he, or, on his death, his personal

representatives may be proceeded against in a summary way.
A partnership for a limited period may be dissolved before th'e expiration of the

specified time by death or insolvency.
After a firm has become insolvent, the partners are to be considered as trustees for

the benefit of their creditors; and therefore a suit between such partners may be

treated as a creditor's suit, and the partnership estate collected and distributed

accordingly.
Where evidence in support of a claim, in a creditor's suit, is within the knowledge

of a co-creditor who has filed his claim, and thus become a party to the suit, he

may be required to answer interrogatories on oath.
Where testimony is proposed to be taken in support of a claim, notice of the taking

of it must be so given as that it may be presumed to have been fully and correctly

reported to the court.