Legal Opinion

In re George Halbert Co.

Court of Appeals for the Second Circuit

Decided November 22, 1904PublishedCited by 12 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Eastern District of New York, in Bankruptcy. This cause comes here upon petition to review an order of the District Court affirming a ruling of the referee- in bankruptcy to the effect that the trustee, who happens to be an attorney and counselor at law, is entitled to extra compensation for legal services rendered to the estate.

1Per curiam

In support of the order sought to be reviewed, reference is made to two decisions: In re Mitchell, 1 Am. Bankr. Rep. 687, and In re Welge (D. C.) 1 Fed. 216. Both of these were under the bankruptcy act of March 2, 1867, c. 176, 14 Stat. 517, which provides that: “In addition to all expenses necessarily incurred by him in the execution of his trust in any case, the assignee shall be entitled to an allowance for his services in such case on all moneys received and paid out by him thus: [Giving various percentages.]” It must be assumed that Congress was advised of the fact that, under the…

2Cases cited1 opinion

  1. In re WelgeDistrict Court, E.D. Missouri · 1880

3Cited by12 opinions

  1. Ira Haupt & Co. v. SeligsonCourt of Appeals for the Second Circuit · 1966
  2. Albers v. DickinsonCourt of Appeals for the Eighth Circuit · 1942
  3. United States v. WardCourt of Appeals for the Eighth Circuit · 1919
  4. Nisonoff v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933
  5. Knapp v. SeligsonCourt of Appeals for the Second Circuit · 1966

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