Gross v. Bush Terminal Co.

L. HAND, Circuit Judge.

This appeal is from an order in bankruptcy, granting allowances to the trustee of a second mortgage (which we shall speak of as the mortgagee) and to its attorneys, for services rendered in a reorganization proceeding under § 77B, and for other services. The second mortgage was executed *931to secure an issue of bonds held by the public; it contained a clause which authorized the mortgagee to “select and employ * * * suitable agents and attorneys whose reasonable compensation shall be paid to the ‘Trustee’ by the ‘Terminal Company’ ” (the debtor) “or in default of such…