In re Slevin
U.S. Circuit Court for the District of Eastern Missouri
[In review of the action of the district court of the United States for the Eastern district of Missouri.] Tlie district court allowed Mr. Player, the assignee in bankruptcy of Mr. Slevin, $169.-09 commissions on a sale of real estate, and ordered that the same be paid by Mr. Seud-der, a mortgage creditor of the bankrupt. [Case unreported.] It is to reverse this order that the present petition for review was brought by Seudder.
Read the full summary
[In review of the action of the district court of the United States for the Eastern district of Missouri.] Tlie district court allowed Mr. Player, the assignee in bankruptcy of Mr. Slevin, $169.-09 commissions on a sale of real estate, and ordered that the same be paid by Mr. Seud-der, a mortgage creditor of the bankrupt. [Case unreported.] It is to reverse this order that the present petition for review was brought by Seudder. The facts were these: Mr. Seudder held certain notes made by Mr. Slevin, secured by a deed of trust on real estate. Before the notes became due Slevin was thrown into…
1Opinion of the Court
MILLER, Circuit Justice,
in rendering his judgment, observed that he was compelled to differ with the district court. The as-signee was not. under the circumstances, entitled to commissions. He was allowed a reasonable sum for what he actually did in signing the deed. Of this no complaint is made. But the assignee claims also a commission on the amount bid at the sale by the mortgagee. To this he is not entitled. All that the assignee did was to sign his name to the deed of sale, for which service he had been already paid. The trustee had made the sale, and the only claim the assignee could…
2Cited by1 opinion
- In re BarberDistrict Court, D. Minnesota · 1899