House v. Amsdell Brewing & Malting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Joseph S. House and another, as trustees, etc., from that part of an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 13th day of April, 1909, confirming a referee’s report herein, which denies an allowance to the plaintiffs’ attorneys.
1ConcurrenceCochrane, J.
I concur in the result on the ground that independently of statutory provisions the court has inherent power to make an allowance to *490the trustees for their necessary expenses. (Woodruff v. New York, L. E. & W. R. R, Co., 129 N. Y. 27; Downing v. Marshall, 37 id. 380, 388; Wetmore v. Parker, 52 id. 450, 466; Shepard v. Manhattan R. Co., 72 App. Div. 132.)
Chester, J., concurred.
Order reversed, with ten dollars costs and disbursements, and matter remitted to the Special Term for further consideration.
2Cases cited1 opinion
- Shepard v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902