In re the Accounting of Friend
New York Supreme Court
Motion to confirm the report of a referee, upon an accounting by an assignee under a general assignment for the benefit of creditors. The material facts are stated in the opinion.
1Opinion of the CourtGiegerich, J.
The first question, presented by the exception to the report of the referee, taken by the objecting creditors, relates to the allowance of a counsel fee of ¡$500 paid by the assignee (who is an attomey-at-law) to his counsel. An assignee for the benefit of creditors will not be allowed counsel fees paid for preparing schedules, or for general advice and consultations. Levy’s Accounting, 1 Abb. N. C. 182; Matter of Gomprecht, 13 Daly, 481; affirmed, 102 N. Y. 741; Matter of Ludeke, 22 Misc. Rep. 676. In Levy’s Accounting, supra, Judge Robinson, in passing upon this question, at p. 182, saidT “…
2Cases cited5 opinions
- Levy's AccountingNew York Court of Common Pleas · 1876
- In Matter of Assignment of HulburtNew York Court of Appeals · 1882
- In re the Assignment of JohnsonNew York Court of Common Pleas · 1883
- In re the Assignment of Rauth & SonNew York Court of Common Pleas · 1880
- In re the Assignment of WolffNew York Court of Common Pleas · 1886
3Cited by2 opinions
- Cussen v. Southern California Savings BankCalifornia Supreme Court · 1901
- McDonald v. Wm. D. Perkins & Co.Washington Supreme Court · 1925