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

MISSING IMAGE

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:
AA00008543:00029

Full Text

.4..
.

SIBI
dri.


S


e
317.
-


l05


THE


AMERICAN


MIXED


CLAIMS


COMMISSIONER

COMMISSION


UNITED


STATES


AND


GERMANY


*'L


DECISION NO. 65


IN THE MATTER OF


FIXING


REASONABLE


FEES


FOR


AGENTS UNDER THE AUTHORITY


THE


" SETTLEMENT


.WAR


ATTORNEYS
OF SECTION


CLAIMS


ACT


OR


9 OF
1928 "


DOCKET NO. 12466


August Otto Pc

Hans A. Ko


CHANDLER P
American Cc


eters, Claif W*

enig, Agen


. ANDERS
im718ailiel


4-"


~3


)7t~i~~~a~~: ,g: c 1-


UNIV. OF. FL LW.


U 1 4DEO -..

U.S. DEP OTOR Y





~Th
p


I'ii"d~
XI,+""I::rl
,,,:; ""j:;:,::: ~!,B," "
li~lR' I ::p:,! "9I18E.d:EII
::~i;"" :Bi ""!." .$ :: """E" ^E~ EE:E":x^ i: :$:, E


" "" iB ""
: ":":E":"
:::


4<:ixr


MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established in pursuance of the Agreement between the

United States and Germany of August 10, 1922




CHANDLER P. ANDERSON


American Oommissioner


* 41;Pr


#tti it
o>S<
II
i t( -2
4E\
r b<
4 4,
i,~ Ai


Ct-


... ;; .;g iij
: ,, r EE"


I
r" ";';;
" :P
6";
";"!
**i,
": I~

xii:
,i


; ~"D














THE


AMERICAN


MIXED


CLAIMS


COMMISSIONER


COMMISSION


UNITED


STATES


AND


GERMANY


DECISION


NO.


IN THE MATTER OF


FIXING


REASONABLE


FEES


FOR


ATTORNEYS


OR


AGENTS


THE


UNDER


THE


" SETTLEMENT


AUTHORITY


WAR


CLAIMS


SECTION


ACT


9 OF
1928"


DOCKET


NO.


12466 "
'. 2' < : '/ *


August


Otto


Peters,


Claimant


Haons A.


Koenig, Agent


The above named claimant ha


duly filed


with the American Com-


missioner a


written request that he fix


a reasonable fee to be


paid by


him to his agent, Hans A. Koen


of Wauwatosa,


Wisconsin, as com-


pensation for whatever services have been rendered by him on behalf


of and


with the authority of the claimant, such services being of the


: character described in the provisi


ons of Section 9 of the Settlement


aS X, nn -r (Ni in:..o A e a!IfO


"*:
,ril~x'i;,


n




* r 2


436


brought to the attention of the claimant,


who has filed a letter in


reply, a copy of which has been transmitted to the agent.


In thi


case an award was rendered by this Commission on Febru-


ary 20, 1930, on behalf of the claimant, for $6,428.44,


with interest


thereon at the rate of five per cent per annum from January 1, 1920,


to the date of payment,
of a bank balance which


which amount represents a debt consisting
was owing to the claimant as of April 6,


1917,


from


Deutsche


Bank,


Hamburg.


The


total


amount


ceived by the claimant from the Treasury Department, on or about
April 9, 1930, in payment of this award was $9,970.52. '
It appears from the information filed by the parties and from the I
records of this Commission that on April 8, 1926, the agent wrote ..


Senator


Irving


Lenroot,


of Wisconsin


, requesting


information


as to the procedure to be followed in order to file a claim against


Germany.


The reply of the Department of State to Senator


Le n-


root's inquiry, to the effect. that the time within which to file claims.


with


and


this Commission
communicated to


had


expired,
claimant.


was


transmitted
February


to the agent


1929,


American Agency before this Commission wrote to the claimant's


agent with reference to the matter, requesting him


" to advise the


Agency the name and address of the claimant and give a short state-


ment of the basis


of the claim"


On March 5, 1929, the agent re-


plied, enclosing his correspondence


with


Senator


Lenroot and


bank statements relative to the claim.


Questionnaire Form No. 1


was thereupon mailed to the agent, and was executed by the claim-


ant, with tihe assistance of the agent, on March 29, 1929.


In answer


to Question 25, claimant states that the agent herein had been ap-


pointed his attorney-in-fact


and in answer to Question 26, claimant


states
owmin


(with


- r


reference


unfamiliarity


compensation )


with


mnttprs


"No
of


agreement


t~hiis


kini_


..... ... .


made,
I have


-







437


American Agency or


furni


hed


agent or the claimant.


The


agent
1929.


witnessed


waivers


which


were


executed


on December


The agent states that sometime


Senator


Lenroot


the claimant


prior to


requested


correspondence


him


"make


what


with
effort


he could to collect thi


money"


, stating that if he


succeeded


" claim-


ant would not quibble about a compensation of from $1000. to $1500."


for his services.


The


agent requests that his


compensation


fixed


at $1500.


He states


that hi


expenses were only for postage," that


" no amount ha


been


paid


claimant


," and


that


expected


compensation and


could not have expected


any under the


voluntary


promise


made by claimant,


no award


was


made.


The


claimant


denies that a promise about a compensation of $1000 to $1500" was


ever made.


He states that on June


to loan him $1200


, prom


, 1929, the agent


requested him


rising to return the same by October


, 1929,


interest


claim herein would


full amount"


wife;


and


that


station


that


be settled
he gave t


that after the


"he


so he


hoped


that


would


claimant


award


was


that


have


therefore


paid,


a note
agent


time "
return
signed
sought


obtain $800 additional.


view


claimant.'


answer


Questions


and


statement of claim


the American Commissioner hold


that the claim-


duly


authorized


agent


represent


him


before


Com-


mission, but that he made no agreement with respect to compensation


therefore.


The sole question


determined


what


value


of the


agent


services ?


Now, therefore, in


view


of the consideration


above set


forth


and


of those stated in the general Administrative and Jurisdictional De-


cision


and


Administrative


Decision


rendered


American


Commissioner


under


dates


September


1928,


and


with







438

and fifty two cents ($798.52), the said fee to be paid by claimant and
received by the agent as full compensation for all services rendered


in the prosecution and collection of this claim,


as defined in Section


9 of the Settlement of War Claims Act of 1928"


Done at


Washington, D.


C., this 3d day


September,


lfl3fl


CHANDLER


ANDERSON,


Amercan Commissioner,


Miwed Claims


Commission,


United States and Germoany.


IL





c?;u3a; ~* *




- 'Fr!,: 9j ~


;ji4;:i ~" i~ l~>"


~"i' E:


,.
"r:I1X i""


UNIVERSITY OF FLORIDA

MIIIIIIIlIIHIMt~l
3111iI U i. i



mm a
H.
?lo~,a mm a



..*.