SETTLEMENT OF WAR CLAIMS ACT OF 1928"
Hedwig Meyer, Clainmant
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WhitmMa & Knauth, Inc., Agent
IN THE MATTER OF
U. H. GOVERNMENT PRINTING OUTFICz: 198
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Established in pursance of the Agreement
United States and Germany of August 10, 1922
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IN THE MATTER OF
SETTLEMENT OF WAR CLAIMS ACT OF 1928"
re-named claimant has duly filed with the American Com-
A behalf of and
of New York City,
re been rendered by
f the claimant, such
ilg of the character described in the provisions of Section
aS 117... /1 f~ A lfa ...j ln 7lrC
whatever services ha"
the authority ol
to, respe tively, by Mr. William Marx and Mr, Frederick
givig tahe info nation which they desire to have consider
Oinmissioner as showing the reasonableness of the fee as.e
information has been brought to the
attention of the claims
filed a letter in reply, a copy
the tEorneys for theagent.
In this case an award was rendered by this Commission on Novem-
thereon at the rate of five per cent per annum from August 10, 1917,
to the date of payment.
The total amount received by the claimant
rkvices of ii a to ney agtz &
bursements, s a sum equal to
8""' .i / s- j i_ : 1 |-
cent of the amount re-
ceived by the claimant
of her award.
which are pertinent to the present proceeding,
as shown by
the records of this Comiion and by the information filed by the
assist in determining the authority
of Katz & Sommerich
to act on
of the claimant before
value of the services rendered by the agent and its attorneys.
iPrior to and during 1922, Knauth, Nachod & Kuhne was a firm of
kers and brokers in New
in international matters,
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;n #rrnA ,mo
Mr. Marx was the manager
Borchard as seci l
its attorneys in claims before
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Mr. Marx informed her of her right to file a claim
Nachod & Kuhne sent
I this claim-
in support of proper
Mer also stated:
Zi&&Soding to our records, you
the above cate-
4e .ee and we shall be pleased to have the necessary papers prepared for you.
ou .desire to avail yourself of our offer, please communicate with us imme-
|ltely and send us the evidence of citizenship as above stated.
filing your claim with the Mixed Claims Commission and all services to the
to exceed an additional 10% on the net amount in dollars so collected.
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Katz & Sommerich filed
requested leave to supply at a later date and as soon as it
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the same "
details, proofs and fact
in support of the listed claims.
iOn December 29 the claimant herein signed and verified a petition
on an inheritance
as filed with thi
Commission on December 28 by Knauth, Nachod
" my attorneys in fact."
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the American Agent
Katz & Som-
*i"ch of the receipt,
i petition and list
L a- -
by reference from the Department of State, of
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Unlf WnrU ru z.* -.~ *r l MENU 0 Wt *W5 *U*nf t *W0*UEA***1 n r arro m
in support of her claim.
trnsm 4 it.
Katz & Sommerich
, its attorneys, the claimant's
a certificate of
has. ^Me yerthe claimant's husband. On March 17 th
water calling the attention of the agent to the absence o
a x 2: xx x x x x yx x xxx ^x
evidence, either that
or that the claimant
was the wife of Chas. Meyer,
actually on deposit :
seit te papers in
s claim to the American Agent for filing with this Commission.
On October 2, 1924, this Commission rendered Administrative De-
dpalin with esate claims,
iirfl~i'oi'l~iy xf ~nr*i .y & ^I^1nic
by which a basis of liability
Smethd rdeteining" the amounts to be awarded was adopted.
On Fruary 8, 1925,
American Agency wrote to the attorneys
egad to the procedure to be
ha ter, and encosed wtivrs I
S***h ara f n^cq %f~C&^fiE^'A^~-~ f ifW"~ .*^~ r, w m v rs^ W *
:3 the "
claims of tri s
waivers, and on October 9 the attorneys filed these waivers with the
between the attorneys, including Profess
representatives of the American and
the claims sted in the petition of
was ha i
or Borchard, and
German Agencies, in regard to
a*iesit of this cnerence, many of the claims origiIt ni
i drawn or disised, for lack of evidence or on of o i
"The"laii heei was the subject of an investigation by e rman
^Ca m herein w as..f"U .* 'A.i1 my*..,s\,M. f : y-i *..* I-.'K.y I.F.,LJt*j^/AJj .^ \ Ag Jf ^ ^ J T^&^
,on July t, 1926,
th amount of $13,450,
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2 the American
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report to the attorneys; and it was
"ht $sixnant and by her accepted.
duly communicated e
On July 31 the ap
Aed this Commission that the award suggested
was "' satisfactory to
the claimant?' Thereafter, on November 8, an awar4 i
nn ~iinlf nf t1ho ln;imnnt "fnri o nomniint.h nhnv mpnt nn f
SMa n A- A. I A..
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S:i ether with a fee commensurate with the services hereunder
P wed by the agent or its attorneys.
.mApril 18, 1928, following the enactment of the Settlement of
tilaims Act of
the agent wrote
og (1) a form of application for payment of her award,
q tested her
issioner, showing the co
B'.S%. of the amount collected
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nsent and satisfaction with the charge
which includes the fees of our attor-
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4hich it requested the claimant to sign and which we intend
e,','Ii g :* i *
^iiiQ^Br~irtiii6 T3 Tl*(
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Sii is tc
if-* osel, I
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the .Commissioner, thereby, in
our opinion, considerably
advise you [the American Commissioner]
Whitman & Knauth
that the fee charged by
, Inc., and by Messrs. Katz & Sommerich,
for the preparation and presentation of my claim before the Commis-
inclusive of disbursements,
waive the right to object to the same within the period of ninety days
by the Settlement of War Claims
Act of 1928.
Although it doe
to the charge of
tbrneys' fees, suggested by Knauth, Nachod & Kuhne,
$he did not
ign or return this form of letter, nor did she exe-
eiiand return to the agent the form of application for payment of
ar award. Instead, she requested the American Commissioner to
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S.a reasonable fee, under the provisions of Section 9 of the Settle-
--of War Claims Act of 1928.
and she also applied for and re-
on or about
H :the sum of $20,793.78, in payment of her award.
aaie claimant states in her letter of August 13,
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The claimant further states that
n April, 1924,
;he paid the agent
hirein the sum of '$27.50 for services and expenses "from aboi
vember, 1922, to April 1924," for "preliminary work iwic
Nachod & Kuhne performed (and whieh was probably the mos
It appears, however that this
who died in Germany in 1922,
and has no connec-
tion with the claim before this Commission.
Under the circumstances which appear in this ca
sonable fee to be paid to the agent herein, it is nec
consideration not only the services rendered by it,
ices rendered by its attorneys, Katz & Sommerich, a
.se, in fixing a rea-
essary to take into
but also the serv-
nd its predecessor,
this claim and
the claimant dealt only with Knauth
Nachod & Kuhne or the agent
and not with
dealt only with
formed that the charges of Knauth,
Nachod & Kuhne would be "5%
plus attorneys' fees and
lowing the bankruptcy of this firm,
the agent herein
on with the claim for a 15%
fee," and at that time she agreed to it.
And in her power of attorney, executed January 31, 1927, the claim-
ant expressly approved a fee for the agent that would cover its costs
and disbursements plus a fee "commensurate with the services ren-
dered by the agent and its attorneys.
through a period of upwards of five years, during which, on account
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p3 were employed in over 200 other cases before this Commission,
..*ich awards were rendered, and that in the vast majority of
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.,cases the fee of 6fteen per cent was consented to
in writing oy
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ic claim a
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ix claims only, including thi
fee to be paid to this agent and its attorneys.
mt and character of the services rendered on behalf of this
lave been outlined at length and are also set out in consid-
il in the affidavits filed in this proceeding.
Hi:: On the i
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Hi amount ofbf
S":: known to i
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gof the cc
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,d the benefits derived from these services.
formation submitted and the facts presented by the record
on asked by the agent and its attorneys i
e she reaffirmed
1927, to the agent after the award
The reasonableness of the
her power of attorney
was made and
is also sup-
with the certainty of considerable delay in receiving its fee
h the possibility that no fee might ever be paid.
the value of the services rendered, coupled with the fact that
npensation covers all expenses incurred.
the circumstances above set forth, and in view
stated in the general Jurisdictional and Admin-
te of September 28,
of the amount
nt of th
on her behalf, the
the services of Katz & Sommerich the
..nt.. f ...M
Ent srd ll expenses and disbursements, and to be ai
Sclaimant ad reeived by ithe ent for itself ai s
agentIfi~Al~ fA- XllAC;UyMt l^L U ~d.c~lll/ ~w
a:s Aie compensation for all services rendered in the prosecution
collection of this claim, as defined by Section 9 of the Settli
.'' S'.* VJ
o Wariimn IdtItI T__ ."
Done at Washington,
., this 25th day of June, 1929.
Americca n C o miorsorin,
Mike Ce imas Commnis*Sot
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UNIVERSITY OF FLORIDA
III lt III I11111111lll
3 1262 08484 1955
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