Equitable Trust Co. of New York v. Western Pac. Ry. Co.
| Decision Date | 05 September 1916 |
| Docket Number | 169. |
| Court | U.S. District Court — Northern District of California |
| Parties | EQUITABLE TRUST CO. OF NEW YORK v. WESTERN PAC. RY. CO. et al. |
Pillsbury Madison & Sutro, of San Francisco, Cal., for the application.
Jared How, of San Francisco, Cal., opposed.
On the hearing of the settlement of the accounts of the receivers herein and the allowance of their compensation and that of the several counsel concerned, one of the applications was by Pillsbury, Madison & Sutro for the allowance to them of a fee for their services rendered in the litigation to certain minority bondholders, to be chargeable upon the corpus of the fund in the hands of the special master applicable to the payment of bonds held by those holders not participating in the reorganization of the defendant company, upon the theory that the services performed had redounded to the benefit of all such nonconsenting bondholders, whether appearing or not, and thereby rendered such compensation a proper charge upon such fund. Objection was made by counsel for the plaintiff, based upon the contention that any compensation awarded for such services could only properly be paid out of the moneys from such fund payable to the holders of bonds represented by the intervener for whom counsel specially appeared.
The court being in doubt, the question was reserved, but an examination of the decree of confirmation of sale heretofore made herein by Judge Dooling at the instance of plaintiff satisfies me that the objection now made is not open to consideration under its terms. That decree, in providing for payments by the master out of the fund applicable to the satisfaction of the demands of such nonconsenting bondholders of a certain per cent., fixed in the decree, of the price of each bond, expressly recites that such payment--
'will be the amount such bondholder is entitled to receive as his proportionate share of the purchase price, after deducting therefrom a sum equal to the total amount of the claims herein set out, apportionable to the bonds of such bondholder, that is to say, the sum of 85 cents per $100 face amount of such bonds, and, after deducting therefrom a sum equal to $1.15 per $100 face amount of such bonds, to provide a fund to cover such compensation and expenses as may be hereafter allowed by the court to Messrs. Pillsbury, Madison & Sutro, the attorneys for Savings Union Bank & Trust Company, in...
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Palmer v. Bankers Trust Co.
...be found in Equitable Trust Co. v. Western P. R. Co. (D. C.) 231 F. 478; Id., 231 F. 571, 145 C. C. A. 457; Id., 233 F. 335; Id. (D. C.) 236 F. 814; Id. (D. C.) 244 F. 485; Id., 250 F. 327, 162 C. C. A. 397; Denver & Rio Grande R. Co. v. Equitable Trust Co., 246 U. S. 672, 38 S. Ct. 423, 62......
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Levy v. Equitable Trust Co. of New York
... ... 814; 244 F. 485; 162 C.C.A. 397, 250 F. 327; 246 U.S. 672, 38 ... Sup.Ct. 423, 62 L.Ed. 932 ... Prior ... to 1905 the Western Pacific Railway Company, a corporation ... organized under the laws of California, had acquired a right ... of way from Salt Lake City to San ... ...
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Beers v. Equitable Trust Co. of New York
... ... intricate between a number of railroad companies, to wit, the ... Missouri Pacific Railway Company, the Western Pacific Railway ... Company, the Western Pacific Railroad Company, the Denver & ... Rio Grande Western Railroad Company, and the Denver & Rio ... Co. et al., 271 F. 49. The various matters involved are ... also fully discussed in other cases, viz.: Equitable ... Trust Co. v. Western Pac. Ry. Co. (D.C.) 231 F. 478; ... Equitable Trust Co. of New York et al. v. Western Pacific ... [286 F. 880] ... et al., 231 F. 571, 145 C.C.A ... ...