Cohen v Fisher's Trustee [1915] ZATPD 57 (18 August 1915)

lnsolvency.-Provisional trustee.-Appointment by trustee of
third person to take charge of estate.-Misappropriation by
third person.-Liability of trustee.-Law 13 of 1895, sec. 97.

Section 97 of Law 13 of 1895 _empowers a provisional trnstee in an insolvent estate, to place some other person in charge of any immovable property, manufactory or concern belonging to the estate until the same shall be sold, disposed of or wound up, Held, in an action for damages for misappropriation by a person so appointed that the onus.,was on the trustee to prove that he was not negligent in making the appointment, Held, further, that in absence of such proof, he was liable.