Legal Opinion

Commonwealth v. City Trust, Safe Deposit & Surety Co.

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 56PublishedCited by 7 opinions

Appeal, No. 56, Oct. T., 1908, by Maurice Bower Saul and Walter Biddle Saul, from order of C. P. No. 5, Phila. Co., June T., 1905, No. 2,040, sustaining exceptions to auditor’s report in case of Commonwealth ex rel. Hampton L. Carson, Attorney General, v. The City Trust, Safe Deposit and Surety Company of Philadelphia. Exceptions to auditor’s report. . The facts are stated in the opinion of the Superior Court. Errors assigned were in sustaining exceptions to auditor’s report.

1Opinion of the Court

Opinion by

Orlad y, J.,

As stated by the appellant, the question presented by this appeal is whether a fund in the hands of a receiver for distribution, should be charged with counsel fees for services rendered in saving for distribution to the general creditors, a sum of over $23,000, under the following facts.

The receiver of the City Trust Safe Deposit and Surety Company of Philadelphia, filed a first account showing for distribution $683,000. Auditors were appointed to distribute this fund, • and claims were proven before the auditors, which amounted to $1,464,000. The auditors awarded to…

2Cases cited5 opinions

  1. Harrison's EstateSupreme Court of Pennsylvania · 1908
  2. Commonwealth ex rel. Hensel v. Order of SolonSupreme Court of Pennsylvania · 1899
  3. Mann v. WakefieldSuperior Court of Pennsylvania · 1899
  4. Porter's AppealsSupreme Court of Pennsylvania · 1858
  5. Krodel's Assigned EstateSuperior Court of Pennsylvania · 1905

3Cited by7 opinions

  1. Wilbur's EstateSupreme Court of Pennsylvania · 1938
  2. Furia v. PhiladelphiaSuperior Court of Pennsylvania · 1955
  3. Peoples-Pittsburgh Trust Co. v. Pittsburgh United Corp.Supreme Court of Pennsylvania · 1939
  4. Smaltz' Trust EstateSuperior Court of Pennsylvania · 1940
  5. Metropolitan Life Insurance v. DotySuperior Court of Pennsylvania · 1940

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