Legal Opinion

In re Habegger

Court of Appeals for the Eighth Circuit

Decided July 22, 1905No. 55PublishedCited by 15 opinions

Petition for Revision of Proceedings of the District Court of the United States for the District of Minnesota, in Bankruptcy.

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Petition for Revision of Proceedings of the District Court of the United States for the District of Minnesota, in Bankruptcy. The controversy here presented for decision arises from the following state of facts: On October 31, 1903, one H. Burton Strait, being in financial difficulties, employed Charles R. Fowler, a regular practicing lawyer, to negotiate, and, if possible, arrange, with his creditors for an extension of time of payment of his indebtedness and settlement of his affairs out of the bankruptcy court. On that day Fowler entered upon this employment, saw and negotiated with the…

1Opinion of the CourtPollock, District Judge

The right of Fowler, as attorney for the bankrupt, to receive payment of $530 in compensation for his services and expenses in the bankruptcy proceedings, before being compelled to surrender the securities transferred to him by the bankrupt, is conceded by the trustee in his application, and is thus removed from consideration in this case. The controversy arises over the right of Fowler to retain the securities absolutely, under his agreement with the bankrupt, made before the adjudication in bankruptcy, in payment of professional services rendered and to be rendered under the terms of such…

2Cases cited10 opinions

  1. Randolph v. ScruggsSupreme Court of the United States · 1903
  2. In re KrossDistrict Court, S.D. New York · 1899
  3. Pratt v. BotheCourt of Appeals for the Sixth Circuit · 1904
  4. Furth v. StahlSupreme Court of Pennsylvania · 1903
  5. Clark v. SawyerMassachusetts Supreme Judicial Court · 1890

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3Cited by15 opinions

  1. Conrad, Rubin & Lesser v. PenderSupreme Court of the United States · 1933
  2. Wootton v. Ravkind (In Re Dixon)United States Bankruptcy Court, N.D. Texas · 1992
  3. In Re RheubanUnited States Bankruptcy Court, C.D. California · 1990
  4. In Re FalkCourt of Appeals for the Second Circuit · 1929
  5. Tripp v. MitschrichCourt of Appeals for the Eighth Circuit · 1914

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