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:
AA00008543:00031

Full Text

















.AMERICAN


COMMISSIONER


MIXED


CLAIMS


COMMISSION


ITED


STATES


AND


GERMANY


DECISION NO. 37


IN THE MATTER OF


*KH*...I


. REASONABLE
I


UNDER


THE


t SETTLEMENT


FEES


FOR


AUTHORITY


WAR


CLAIMS


ATTORNEYS


SECTION


ACT


OR


9 OF
1928"


i ...,
I.;
hi;I!.


DOCKET NO. 6482


Fenias aend Alverda S. Eeey, Indiidually and as Ee8-


' Me Estate of Martha A.


Eskridge, Deceased, Clinamnts


H.n:..
Wi.


Daniel J,


Layton, Attorney


CHANDLER P


Amercian


N..:
I,...i.
Hiniii:


ANDERSON,


Comrunissioner


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MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established


in pursuance of


the Agreement


between


8Ut States and Germany of August 10. 1922
idi si "." a a IC" i


CHANDLER


P. ANDERSON


American Commssioner
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THE


AMERICAN


COMMISSIONER


MIXED


CLAIMS


COMMISSION


UNITED


STATES


AND


GERMANY


DECISION NO. 37


IN THE MATTER OF


REASONABLE


FEES


FOR


ATTORNEYS


OR


NTS


UNDER


THE


AUTHORITY


SECTION


9 OF


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1.::)........
L~iiii:'l.
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Hd
K.ill~l~~ of:


"SETTLEMENT OF WAR CLAIMS ACT OF 1928"


DOCKET NO.


Frniss nd Alverda S.
the Estate of Martha A

Daniel J. LaL


6482


Elzey, Individaly, and as Exeow-
Es bridge, Deceased, Claimants


yton, Attorney


above-named


claimants have each


duly


filed


with


the Ameri-


Hornrmmissioner a written request that he fix a reasonable fee to be
;:("i@. ."


irby them


their


attorney


Daniel


Layton,


Georgetown,


are, as compensation for whatever services have been rendered


behalf


of and


with the authority


the claimants, such


feit being of the character described in the provisions of Section
b*i" Settlement of War Claims Act of 1928."
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240


stoner as showing the reasonableness of the fee asked, which informa-
tion has been brought to the attentionn ofte i:
each fied an affidavit in reply, copies wia


Ar,'


ft


communicated to the attorney.


The aount of the fee asked by the attorney, as compens


his services, is twenty-five


cent


of the


amount receiTpv


claimants from the Treasury Department in payment of th


tire shares of the award made


by this Commission


this case an award was rendered


on December


on their behalf.


1926, repre-


sending the net damages, as ascertained by thi


Commission, suffered


by the owners of the schooner Edward R.


Baird


" as the result.


of an
1918.


attack


on said schooner by


a German


submarine


on June 4,


The claimants herein were part owners of said schooner, each


having


amounted


%And


share


to $483.754


therein,


and


with interest at


the
the


award


rate


to e
five


sach


claimant


cent


annum from November


11, 1918, to the date of


payment.


The totaI


amounts received by the claimants from the


Treasury


Department in


payment of


Furniss,


award


$519.85


Alverda


this


case


were,


Elzey,


respectively


$509.36;


and


:Samuel
Martha


Eskridge, $509.86.


The managing owner of this schooner was Harry


Fooks,


who


retained


this attorney in December,


1922,


on behalf


the several.


owners of this schooner to prosecute and


collect their claim against


German


Government


before


this


Commission.


agreement


as to compensation was made at that time,


but on February


13, 1928,.


this attorney wrote a letter to


the managing


owner informing him


that he was willing to prosecute this claim on the basis of 833 per


cent the amount recovered.


It appears from the affidavits of the


managing owner, and


of this attorney, filed in


this proceeding,


that


this arrangement was satisfactory, and


prosecute


claim


on that


basis,


that the attorney agreed to
to assume and to pay all


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241


of this


claim.


The


managing


owner


states,


in his


affidavit,


114~


i:in obtaining these powers of attorney


he explained


that the at.


y herein was handling this claim on the above-mentioned basis.


& further


states


that


there


was


no criticism


terms


agreed


sen the


.1p:


attorney


and


himself


" until


during


present


year


when


was


informed


that


claimants


herein


"had


Mixed


Claims


Commission


Layton in regard to his services rendered them.


compensation o

He then states


."t Mr.


Layton's


suggestion a


meeting of the owners of the schooner


Bocird


as.beld at the office of The


ussex


Trust Company,


on the thirty-first day of


a-y, 1928, to discuss the question of
fjnexKs of said schooner were invited.
,S- ,


it,!
lii n D 4 a1
q. t.
H, -:
.i~ie Ci


Eskridge,


ne of the remaining
it was suggested


Samuel


compensation, to which meeting all of the


The above claimants, Alverda


Furniss,


were


not present,


g owners were present or was represent


that


Lay ton's


centum, to which he agreed and all


*-~ -'~~to Dliv


Layton


twenty-five per cer


compensation


be fixed


S. Elzey,


but almost
d. At that
at twenty-


the owners of the schooner have
itum of the amount of award to


:.a and to each of them except the above three claimants.
..,,: IQmy opinion a fee of twenty-five per cent of the amount received by each of


I... .-e: : a
":t$e owners is just and fair.
H CI n ,r-


b5 *


Thbe


circumstances


and


conditions


presented,


and


character


,and value of the services rendered in this


case


, are substantially the


:aee as those considered in a similar proceeding in which the Ameri-
mm ab mm mmSm a .


.can Commissioner has rendered a dec


vision (Decision No. 17), to which


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ieferepce is here made, and


necessarily


follow


in this


substantially the same conclusion


case.


Moreover,


two of


must


claimants


.; ti: proceeding are claimants in this proceeding.


, The services rendered by the attorney in


this case include a


very


.,iusiderable


amount


time


and


work


m proving


American


aCtionality of each individual share in the claim, and, although this


proof as to each shareholder was primarily for the


'asreholder individually, nevertheless such


.essentially


-.


annreciable


benefit


5F aa


services

the oth


benefit of


each


were indirectly

er shareholders


nii U. j.


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242


spanr considerahis amount of


two


item


correspondence


time


with


f~eren es with the managing owner.


Srom


the claim after


Commission,


and effort ir
the American


The former it
on Septemb(


i discussing


Agency and-*t..: j
,em was dropped t
ir 30, 1926, ..


wandered a decision in the case of the steamship "K ansan
redee ai d ism m Kansan P i' .ii:---r' ;


it held


that there


was


no liability


under


Treaty


of Berlin


the German


nature
repairs,


Government


demurrage


while


make


good


loss


case


latter


an item
a -vessel


item


damage


whult:


this


attorney


Ma


efforts was successful in obtaining the consent of the German Agent
to include it in his offer of settlement.
The services rendered by this attorney on behalf of these claimants


extended


through


a period


approximately


four


years,
t1


during


which, on account of the contingent character of


received no


compensation,


and


that eventually no compensation


over,


was


required


bear


there


would
all th


was


fee agreement,


always


received


expense


possibility


him.


More


involved


presentation
the informal


and


lion


prosecution


submitted


of this
the at


claim


torney,


and
and


is evident


found


from
files


of this Commission, that the expenses incurred by
JLtlS ^ULILUOKXUJ*L~ll 1A5 /A d-ot!" iL~ILUhU


a very considerable amount in


which


of the owners,


propol


except the


rtion to tl
claimants


him amounted to


he amount of the fee


herein


have


agreed


opay him.


Now, therefore, considering the character and


he series rendered


by the attorney,


and


that


extent and value of


payment of his


compensation was contingent upon securing and collecting an award,


I :
il


:I


nd that the fee to be paid includes all


disbursements and


expenses


"eurred


him,


tAd


tie*


gener* JrisdictioS Ad Adtmi nistrative
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considerations


Decision


stated


rendered


the .:.
": 1
th* %H


Aaerican Conmmis crnbr blder date of September 28,


1928, and alt :


aeul examination


and


full


consideration


information


Nt-


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I1', ding,

d by
rtmeni


~$obe
A:


an amount equal


each


per cent


of the amount


of these claimants, respectively, from the


t in payment of the award rendered on


paid


by the said


received


Treasury


their behalf, said


the attorney


jQceompensation for all services rendered in the prosecution and
Steon of these claims, as defined by Section 9 of the Settlement
* : 'I**


Claims Act of 1928."


at Washington,


D.C


., this 17th day of June, 1929.


CHANDLER P


ANDERSON


A merican Commissioner,
Mixed Claims Con missionn,
United States and Germany.


~243


to twenty-five


claimants and




UNIVERSITY OF FLORIDA

NIl1 I i lll0 I f1 ll ll il l llI IIIIEE
3 1262 08484 1922


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