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:
AA00008543:00047

Full Text






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MIXED


CLAIMS


COMMISSION


UNITED


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DECISION


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SONABLE


THE


FEES


SW


FOR


AUTHORITY


DER


,EMENT OF WAR. CLAIMS ACT OF 1928"


DOCKET NO.


riene


and


Herman


Bernard G


CHANDLER P


S
Amorwoin


6310


Bank,


Hoppe,


Heyrn, Attorney


ANDERSON,


Comtnis8iofler.


S.:.. .~
IC


NO.


ATTORNEYS


SECTION


OR


9 OF


Fifth


Avene,


Executors


Claimants


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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 Commissioner

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THE


AMERICAN


MIXED


CLAIMS


COMMISSIONER


COMMISSION


UNITED


STATES


AND


GERMANY


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DECI


ION NO. 34


IN THE MATTER OF


H
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REASONABLE


UNDER


THE


SETTLEMENTT


FEES


FOR


AUTHORITY


WAR


CLAIM


ATTORNEYS


SECTION


ACT


9 OF


1928"


DOCKET NO.


and


Fifth


6310


Ban/ti,


Executors


rate


of H


rman. E


". Hoppe, Claimant


Bernard G


a H
H::


Heyn,


Attorney


he above-:
ii .. ssioner
S]nn~ssioner


named


claimants


a written


request


have


duly


that


filed


with


American


a reasonable


to the attorney, Bernard


H 4
i ..* *". .
,l compensation
jtbehalf of and


S. r


whatever


with


Heyn


services


the authority


of New


have


been


of Herman E.


York


City, N


rendered


. Y.,
him


Hloppe,


claimant in


this case


, prior


death


on May


1927,


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228


two


memoranda


considered


htt


the fee asked, wi
of the claimants,


giving


information


e Commissioner
which information


which


as showing


been


the


brougL


desires


.4.19:
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han.
A
I


reasonable ii
it tothea n


who have filed seven aidavits and t


i reply, copies of which have beer transmuted the


It appears from the affidavit


and


dcmn filed in this .* .x"
documents filed in thi pr ceed-


big that


on August


1925,


Mr.


Hoppe


retained


this


attorney to


prosecute and collect this clahm on a


twenty-five


per cent contingent


fee basis, and at that time paid the attorney a retainer of $100.


Sub-


sequently,
presentation


on October


and


1925,


prosecution


while


before


Sthi
this


claim


was


Commission,


in course


Mr.


Hoppe


discharged this attorney for allegored neglect.
Thereafter? in March, 1928, some time after this Commission had


rendered
Executors


award


of the


this


case,


Estate of Mr.


this


Hoppe,


1927, a bill in the amount of $3,355,
by him for services rendered in the
the above-mentioned fee agreement.


this


on the


ground


that


Mr.


attorney


who


had


with interest
prosecution


presented


died
as the


of thi


The Executors


Hoppe


was


ref


entirely


on May


fee claimed
claim under
used to pay
justified in


discharging this attorney


that


attorney


$100 paid


was


during the
t entitled 1


to him at the outset as a


prosecution


any


retainer


>f this claim and
t
addition to the
The attorney, on


the other hand, denies the charge of neglect placed against him and


states that his discharge by Mr. Hoppe


was without justifiable cause


and


"was a


mere


pretext


to enable


Hoppe


to escape


liability


frmthe payment of an agreed fee which, to all intents and purposes,


had been earned at the time of the discharge."
At the same timethat Mr. Hoppe took this case out o
of his attorney he notified the American Agency of this i


re tested


that


~srnhnr thn n~


further


.c&nfl


a


communication


v i rol-tl7


*..


from
hrn


Agency


wbir'h


ron i' a1 t"


con-


wan


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229


rj Hoppe's Executors that Mr. Hoppe was justified in discharg-


I, "


*fii attorney before the completion of the services contemplated


~nhe


was employed.


This


question


must


determined


in ac-


lance with the law of the State of New


York


where the contract


made


and it i


appropriate that it should be decided by the Sur-


rate


Court in


Sthe Executors and


the State of New


will


come


York,


foi


4woceeding now pending in that Court.
I. .


where


been


raised


r decision in their accounting


..-7the Surrogate:


Court


ii i


FIOUUi tioni mat JYIr.


Hoppe was justified


rescinding


agreement


with


this


attorney,


that


Court


would


e:ieMa bein a position to pass upon the reasonableness of the attorneys'
|I ee for his services in this case on the same basis that the American
commissioner is authorized to fix a reasonable fee under the "Settle-
1C A *s


'moent of War


Claims Act of


1928."


whether


or not a


had


been


ifxed by
'" C." .


agreement.


Accordingly,


in the


accounting


proceeding in


-'***ae e
?.p?


Surrogate


Court


would


then


fixed


amount


** :*i .
o. unable
. ..... r I .
ill..- Uor k.


ed by the Court which must necessarily be regarded as a rea-


and


p


sati


factory


under


law


State


New


I'.:::"
|:' As held
(Decisions


Nos.


American
and 27),


~I~on.irriissiorier


primary


in s


purpose


similar


of the


proceedings


fee-fixing


provisions of the


vent the collection


"Settlement of War Claims Act of


excessive fees


1928 "


attorneys and


was to
fix rea-


unable


fees


them


in cases


dispute.


This


purpose


will


accomplished


case


decision


Surrogate'


tir in New
" ""* '* '


York, rendered in the circumstances above mentioned.


rismuch
Sithorizes


as the


and


"Settlement of War


does


direct


Claim


American


Act of


1928 "


merely


Commissioner


e fees


it rests in his discretion to refuse to take such action


en, as in this case, the result desired by Congress in enacting this


~gis1ation


will be fully accomplished


without his intervention.


Si "


H .


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230


icontraet or agreement, then the America onailoi
with the pending proceeding and fix a reasonable fee for


in this case.


view


of these considerations,


the American


Commissioner con-


siders that it is not now
take to fix the attorney's


desirable or appropriate


for him to


under-


fee in this case.


Done at


Washington, D.


this 1st day


of April, 1929.


CHANDLER P.
American


ANDERSon,
Commissioner,


Mixed Claims Commision1
United States and Germany.

























































































































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UNIVERSITY OF FLORIDA

HII lll lllllli llllllillll 11 11 111
3 1262 08484 2193


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