Decision no. ... in the matter of fixing reasonable fees for attorneys or agents under the authority of Section 9 of the...

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Material Information

Title:
Decision no. ... in the matter of fixing reasonable fees for attorneys or agents under the authority of Section 9 of the "Settlement of War Claims Act of 1928."
At head of title:
American Commissioner
Physical Description:
v. : ; 23 cm.
Language:
English
Creator:
Mixed Claims Commission, United States and Germany
Publisher:
U.S. G.P.O.
Place of Publication:
Washington, D.C
Publication Date:
Frequency:
completely irregular

Subjects

Subjects / Keywords:
World War, 1914-1918 -- Claims -- Periodicals   ( lcsh )
Claims vs. Germany -- Periodicals -- United States   ( lcsh )
Genre:
serial   ( sobekcm )

Notes

Dates or Sequential Designation:
No. 1 -
General Note:
Title from cover.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004822591
oclc - 50038280
System ID:
AA00008543:00018

Full Text

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. DEPOIMTORVY
A~.asumae~a?


AMERICAN


COMMISSIONER


MIXED


CLAIMS


COMMISSION


UNITED


STATES


AND


GERMANY


DECISION


NO.


IN THE MATTER OF


VI
N:::


REASONABLE


FEES


FOR


ATTORNEYS


OR


3 UNDER


SETTLEMENT


THE AUTHORITY


WAR


CLAIMS


SECTION


ACT


9 OF
1928"


hit :
p ..
.!'!.


DOCKET


NO.


7558


we Trust Company of New York, as Successor Trustee


Iptcy oj


Knauth, Nachod & Kuhne, Claimant


-f"i~ri


NH i:

' ... :

'H:!
'V~ .;.


George T.


Hogg, Attorney


CHANDLER P. ANDERSON,


Ameran Caoindioner


* *
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.







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MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established in pursuance of the Agreement between
United States and Germany of August 10, 1922


CHANDLER P. ANDERSON
American, Commissioner

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MIXED


UNITED


CLAIMS


STATES


COMMISSIONER

COMMISSION


AND


GERMANY


DECISION


NO.


gXING

AGENTS


IN THE


REASONABLE I


UNDER


THE


MA'ITER


'EES


FOR


AUTHORITY


ATTORNEYS


SECTION


OR
9 OF


lI[E


"SETTLEMENT


WAR


CLAIMS


ACT


1928


DOCKET NO.


7558


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Eqguitabl


Trust


Company


.7 u


*t., niac

SHogg,


hod


York


as Successor


&j6 Kuhn e


Claimant


A attorney


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"..he above named claimant has duly filed with the American Corn-
iii .l:.::" :.
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mer a written request that he fix


George


Hogg,


for whatever


with


E.4aits attorney,
,"Ompensation

I:hahhalf of and
Hr A"" "


a reasonable tee to be paid by


of New


services


the authority


have


York
been


City,


New


rendered


of the claimant


such


York,


him


services


Si ,


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1 -_-_. 1- _1


. S


C' -..L!-


ft ~A!


nwamwz.maw r
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u
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r
-
m


AMERICAN


f New


La Bankruptcy of Kn

George


Trustee


A


mu


u


MU




q.::
4*iJ


334


appears


filed


from


because


this


affidavit


a special


that


meeting


claimant's


creditors


request


would


necessary if -:


the amount of the attorney's fees had to be fixed by theN:


court.


A copy of this affidavit has been brought to the attention of


the claimant,


whose attorneys, Messrs.


Goldmark,


Bennitt & Colin,


have


informed


the American


Commissioner


that the clai


~4~~.!~~


tends to file no affidavit in reply."
In this case an award on behalf of the claimant was rendered by


this


Commission


on February


1929,


$5,919.44,


with


interest


thereon at the rate of five


1921, to the date of payment.


per cent per annum from


A petition


December


for rehearing and for an


additional award


was dismissed on March 20, 1929, the Commission


holding:


The petition unfortunately disregards the distinction


which has been drawn


by this Commission between Germany's financial


of the Treaty of Versailes
of Germany, and Germany's


obligations under


which constitute a primary


Article 29W


liability on


Financial obligations on account


a private In-


debtedness arising


out of a


pre-war transaction for


which


Germany


is only


secondarily liable as a guarantor.


present


case


the amount awarded by the


Commission


was for


cash assets held by the German Treuhander, for which


liable


under the Treaty provisions,


but no claim


can


Germany is .primarily
be maintained against


Germany as guarantor of an indebtedness unless the Commission first finds a.a
indebtedness to be due to the claim in accordance with the Treaty requie-


mets,


In this case the Commission has held that no present indebtedness dGe


to the claimant, arising out of a pre-war transaction in accordance with the


requirements of the Treaty, has been established, and, accordingly


there is u


basis for an award on behalf of the claimant against Germany as to the other
items of this claim. 2


appears


that


this


attorney


has


already


been


paid


$420.00, Ii


full for services rendered to the original


claimant


, Knauth, Nachod


& Kuhne, prior to its bankruptcy.
( 'rlbn nulnr a,^V irir kI~ni -n 4 Cljnn n a4 a a nln ,2A k8 .. a4nnn4


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hereiri was. .iii




I.33
335


this


Commission


on behalf


Trustee


Bank-


No agreement was made as to the amount of his compensa-


states


that


charge


services


herein


is based


upon


work performed and the time occupied therein and the amount


Sita claims and the skill and


experience employed and


the result


arriving at


his charge


compensation,


however,


it appears


t the attorney herein has followed the method provided for in his


with


original


claimant,


which


method,


states,


g 'the same as that employed for other clients."


It appears from


r idavit filed in
ees performed
u! !* I i *


this


proceeding -that


on approximately


made record


days,


extending


entries of


over


from 1925 to 1929.


He states that some of those entries repre-


only routine


matters,


as the


receipt


and


answering


but they all represent services that required attention and took
ime. Many of them represent whole days of work which was


into the


night."


determined


the amount needed


einitry day to cover his necessary living and office expenses.


Dur-


periods of


time,


this varied from $15.00 to


$18.00 per


He has multiplied the number of specified days during each of


periods


rate


therefore,


and


added


result.


amounts to $2,584.00.


He has added thereto the sum of $1,112.00


Icm(Upensation "predicated on the large amount of the claims and
.kill and experience employed and the result attained," and he
h4s that that small addition was determined upon because of the
*iparatively small amount of the award."


1 the record in


this case


it appears that


attorney


herein


the original claimant


the sum


of $420.00


services


ren-


this claim


prior


bankruptcy,


and


that


this


amount


jib~een approved by the bankruptcy court and has been paid.


The


charges,


amounting


$2,584.00,


services


rendered


a as 5 1.... ,, a L .- ............ L -, t I, L- 1. t --- I CI.---


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rreuru




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I


t, the attorneys addition chrge of $1,112.00 would not hve
anit, the attorney's ad Ifon chargee of $1,112.00 would not have


made if there


had


been no recovery.


Under such


an arrangement,


this amount would be in the nature of a contingent ch


large.


This


proceeding,


attorney


however,


herein


behalf


with


claiman


services
It, and,


rendered
as above


stated,


there


was


no agreement


between


parties


as to


torney's


His services, accordingly, must be valued on the quan-


turn meruit basis.
The character


and


extent of the services


rendered


are set out in


the affidavit filed by the attorney in thi


proceeding and are shown


by the records of this Commission.


The claim


herein


required


tended


correspondence


and


numerous


conferences


only


with


representatives of the American Agency before th i


Commission but


with the claimant


herein and its attorneys.


Four


briefs


were


pre-


pared, printed and filed by the attorney


herein


and it


is clear that


he necessarily
to the claim.


devoted a


substantial


amount


time


and


attention


The


American


Commissioner,


concurring


with


Bankruptcy


Court, holds that the arrangement made between


the original claim-


ant and the attorney herein


provides a


fair and


just


basis for com-


putting the value of the services rendered
of the claimant herein. The charges, am


by the


attorney


counting to


on behalf


$2,584.00,


have


a dire relation


$1,112.00,


herein


the services performed.


however,


was


presents


value


puted in American money to


other


Marks


be $168,000,


The


additional


considerations.
1,050,000,-which


with


The


was


interest


charge
claim


com-
rate


five


cent


annum


from


January


, 1920,


date


payment.


No claim was filed for the


interest, amounting to


Marks


34,019.75, paid by the German firm to the
sion's award was for this item,--" the cas


Treuhander.


h asset


The Commis-


held by the German


Treuhander, for which Germany is primarily


liable


" and


the claim




.i.:8 *337
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A.:: *. .


.Now,


therefore,


ci rcumstances


above


forth,


and


con-


i .id'eriug t
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he character and extent and value of the services rendered,


ew of the considerations stated in


Jurisdictional


examination and


thi


Decision


full


the general Administra-


September


consideration


1928


and


information


after
fur-


proceeding by the attorney and by the records of this


pertinent


nerican


*;,;:i *. eberaton thereon,
Itt&e to be paid by t,
SffB *" :' :&...


Commissioner


claimant


questions
decides


, the Eq


involved,


and


as the


suitable


Trust


after


due


reasonable


Company


York, as Successor Trustee in Bankruptcy of Knauth, Nachod &


Kahne, to its att
,ijSwo Thousand F.
n.. addition to the
H ..-. *:


~ady


paid


and


orney,


ive


George


Hogg,


in-thi


Hundred and Eighty-four


Four


Hundred and Twenty


addition


case,


Dolla.
Dollars


disbursements


rs


sum


($2,584.00),


;($420.00)
amounting


133.71


said fee to be


paid by the claimant and received by the at-


|rney as full compensation for all services rendered in the prosecu-


a and collection of this claim


as defined in Section 9 of the Set-


ment of War Claims Act of 1928."


~~kYlon
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t"EE
*4a1.:. EEE


Washington,


, this 27th day of August,


CHANDLER P


1929.


.ANDERSON,


Ame icwan Commissioner,
Mixed Claims Commission,
United States and Germany.


.I


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