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:
AA00008543:00054

Full Text



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THE AMERICAN COMMISSIONER
MIXED CLAIMS COMMISSION
UNITED STATES AND GERMANY


DECISION NO. 5
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"


DOCKET NO. 6548


Eleanor R. Belmont and Morgan Belmont, Executors of the Estate
of August Belmont, Deceased, et al., Claimants
Charles Stewart Davison, Attorney


CHANDLER P. ANDERSON,
American Commissioner





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THE AMERICAN COMMISSIONER

MIXED CLAIMS COMMISSION

UNITED STATES AND GERMANY


DECISION NO. 5
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"


DOCKET NO. 6548


Eleanor R. Belmont and Morgan Belmont, Executors of the Estate
of August Belmoront, Deceased, et al., Claimants
Charles Stewart Davison, Attorney


The above-named claimants have duly filed with the American
Commissioner a written request that he fix a reasonable fee to be paid
by them to their attorney, Charles Stewart Davison, of New York
City, New York, as compensation for whatever services have been
rendered by him on behalf of and with the authority of the said
claimants, such services being of the character described in the pro-
visions of Section 9 of the Settlement of War Claims Act of 1928."
The claimants request that the attorney's fee in this case be fixed
because the attorney is himself a nominal claimant in his representa-
tive capacity as'an executor of one of the original claimants, and for
that reason does not wish to fix his own fee, and desires, in the
interest of the beneficiaries, to have his fee fixed by the American
Commissioner pursuant to the provisions of the Act of Congress
above mentioned.
20853-28 (51)







All of the parties in interest have been duly notified of the pro-::
ceedings taken in this matter, and the attorney has filed with the i:
American Commissioner an affidavit giving the information which he i
desires to have considered by the Commissioner in fixing a reason- 1
able fee in this case, a copy of which affidavit has been transmitted to ,
the other parties interested.
This claim was originally presented on behalf of August Belmont 3
& Company, a copartnership consisting of August Belmont, Walther .
Wuttgen, and August Belmont, Jr., and represents an indebtedness :,:i
consisting of fifteen separate bank balances in certain German banks A
and their branches in Germany due at the time the claim arose to.'
August Belmont & Company. After the claim arose, and before the
award in this case was made, all of the members of August Belmont'>:
& Company died. On January 20, 1926, an award was made by
this Commission on behalf of the several executors of the deceased
members of that copartnership for $24,433.26, together with interest
thereon at the rate of five per cent per annum from January 1, 1920,
to the date of payment, representing the amount of the above-men-
tioned indebtedness valorized in American money in accordance with
the provisions of the Treaty of Berlin.
It appears from the record in this case that August Belmont
died December 10, 1924, and Eleanor R. Belmont and Morgan Bel-
mont were duly appointed executors of his estate; also that Walther
Wuttgen died February 27, 1922, and Charles Stewart Davison and
William C. Welles were duly appointed executors of his estate; and
that August Belmont, Jr., died March 29, 1919, leaving a will duly
admitted to probate, in which he devised and bequeathed to his
wife, Alice deG. Belmont, all his property, real, personal, and mixed,
and nominated her as executrix of his estate, which appointment
was duly confirmed.
The said Alice deG. Belmont, who afterward married John D. :::
Wing, died after the date of the award in this case, leaving a will
which was duly admitted to probate, in which she appointed John::..
D. Wing as her executor. The interest represented by her estate it:'::
this award has not joined with the other claimants in the request ::
to have the American Commissioner fix the attorney's fee, and the
representatives of her estate are not parties to the present proceeding.: :;|
It appears from the affidavit of Mr. Davison, the attorney in
this case, that on or about December 22, 1922, the late August Bel;: ::







mont, then sole surviving partner of the firm of August Belmont &
Company, retained him to act as the attorney for that firm in the
presentation and prosecution of this claim. No agreement was
made then or thereafter fixing the terms for services rendered or to
be rendered by the attorney. It was understood and agreed, how-
ever, that the attorney's compensation should be fixed and paid on
the basis of the reasonable value of the services actually rendered.
Mr. Davison adds that August Belmont & Company had been clients
of his for thirty to forty years before he was employed in this case.
Mr. Davison was subsequently retained on the same basis by the
executors of August Belmont and by the executors of Walther
Wuttgen as the attorney for their interests in the prosecution and
presentation of this claim.
Mr. Davison's affidavit, and the records of this Commission, show
that the services rendered by him include the preparation and filing
of this claim with the Secretary of State on December 29, 1922, in
connection with which, and also with the subsequent proceedings,
correspondence and conferences were necessary with the firm of
August. Belmont & Company and its accountant, and also correspond-
ence with the Agency of the United States before this Commission
in securing the allowance of the several items comprising the claim,
one of which was originally rejected, and also with reference to
the waivers required by the Commission, a special form for which
the attorney was called upon to prepare in this case on account of
the complicated interests involved.
It was also necessary for the attorney to pass upon the pro-
posal submitted by the American Bankers Association to the Depart-
ment of State in relation to the valorization of marks in bank bal-
ance claims, which was approved by the attorney and adopted by
the Commission. The attorney further states that the presentation
'of this claim involved also the examination of photostatic copies
from Germany of documents or correspondence relating to this
matter with the Bavarian Bank of Munich; The North German
Bank of Hamburg; The Royal Wurtemberger Bank of Stuttgart;
Von der Heydt-Kersten and Sbhne of Elberfeld; the Dresdner Bank,
the Deutsche Bank Leipzig Branch; the Deutsche Bank Munchen
Branch; the South German Disconto-Gesellschaft of Mannheim; The
Disconto-Gesellshaft of Bremen; the Disconto-Gesellschaft of
Frankfurt a. M.; the Rheinische Credit Bank Karlsruhe Branch and

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54

the Disconto-Gesellschaft of Berlin." He adds, "No great leari
or great legal ability was involved in this matter, but a certain:
amount of care, diligence, and time, also calculations of values, prepj
aration of a petition and of affidavits, etc., was necessitated, and:
from the fact of the intervening death of.the last surviving partner
of the firm of August Belmont & Co., the matter became somewhat
complicated as to its details."
The attorney states that his cash disbursements were inconsider-
able, and he makes no charge for them or for the expenses of clerical-
work in his office, on the understanding, however, that a reasonable
fee for his services should cover such office expenses, which fee he
considers should be fixed on the basis of ordinary collection fees:
for a somewhat intricate collection case computed upon the amount
recovered.
Now, therefore, in these circumstances and in view of the con-
siderations stated in the general Jurisdictional and Administrative
Decision rendered by the American Commissioner under date of
September 28, 1928, and after careful examination and full con-'
sideration of the information furnished in this proceeding by the
attorney and by the records of this Commission pertinent to the.
questions involved in this case, and after due deliberation thereon.
The American Commissioner decides and fixes as the reasonable
fee to be paid by the claimants, Eleanor R. Belmont and Morgan
Belmont, executors of the estate of August Belmont, deceased, and
Charles Stewart Davison and William C. Welles, sole surviving ex-
ecutors of the estate of Walther Wuttgen, deceased, to their said at-
torney Charles Stewart Davison, the fee of ten per cent of the amount:
received from the Treasury Department by the respective interests.
represented by them in payment of this award, the said fee to be
paid by the said claimants and received by the attorney as full cam-
pensation for all services rendered in the prosecution and collection
of their claim, as defined in Section 9 of the "Settlement of Wai
Claims Act of 1928."
Done at Washington, D. C(, this 29th day of October, 1928.
CHANDIDR P. ANDERSON,
American. Commissioner,
Mixed Claims Commission,
United States and Germany,








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