In re George Halbert Co.

• Court: U.S. Court of Appeals — Second Circuit
• Citation: In re George Halbert Co., 134 F. 236 (2nd Cir. 1904)
• Decision Date: 22 November 1904
• Parties: In re GEORGE HALBERT CO.

134 F. 236

In re GEORGE HALBERT CO.

United States Court of Appeals, Second Circuit.

November 22, 1904

Charles T. Ferry, for petitioners.

F. W Park, for respondents.

This cause comes here upon petition to review an order of the District Court affirming a ruling of the referee in bankruptcy to the effect that the trustee, who happens to be an attorney and counselor at law, is entitled to extra compensation for legal services rendered to the estate.

Before WALLACE, LACOMBE, and TOWNSEND, Circuit Judges.

PER CURIAM.

In support of the order sought to be reviewed, reference is made to two decisions: In re Mitchell, 1 Am.Bankr.Rep. 687, and In re Welge (D.C.) 1 Fed. 216. Both of these were under the bankruptcy act of March 2, 1867, c. 176, 14 Stat. 517, which provides that: 'In addition to all expenses necessarily incurred by him in the execution of his trust in any case, the assignee shall be entitled to an allowance for his services in such case on all moneys received and paid out by him thus: (Giving various percentages.) ' It must be assumed that Congress was advised of the fact that, under the language above cited there had been occasions when trustees in bankruptcy who happened to be lawyers were allowed compensation for legal services in addition to their commissions, contrary to the almost universal practice, which refuses such allowances in the case of executors or of trustees generally. Presumably it was to provide against such allowances...