Seibert v. Minneapolis & St. Louis Ry. Co.

• Decision Date: 29 June 1894
• Docket Number: 8607,8608,8609
• Citation: 59 N.W. 829,58 Minn. 69
• Parties: Henry Seibert v. Minneapolis & St. Louis Ry. Co. et al
• Court: Minnesota Supreme Court

59 N.W. 829

58 Minn. 69

Henry Seibert v. Minneapolis & St. Louis Ry. Co. et al

Nos. 8607, 8608, 8609

Supreme Court of Minnesota

June 29, 1894

Argued June 12, 1894

Appeal by defendant, the Minneapolis and St. Louis Railway Company from an order of the District Court of Hennepin County Seagrave Smith, J., made May 20, 1893, directing William H Truesdale, receiver, to pay to Hiram C. Truesdale, the attorney and counsel for the Farmers' Loan and Trust Company, one of the defendants, $ 15,000 on account of his services in the action.

Appeal also by same defendant from an order of the same court made the same day directing William H. Truesdale, receiver, to pay Woods & Kingman, attorneys and counsel for the Fidelity Insurance Trust and Safe Deposit Company, one of the defendants, $ 15,000 on account of their services in the action.

Appeal also by same defendant from an order of the same court made the same day directing William H. Truesdale, receiver, to pay Harris Richardson, attorney and counsel for the Central Trust Company of New York, one of the defendants, $ 30,000 on account of his services in the action.

The order appealed from is affirmed.

Edward S. Isham, for appellant.

Lawrence Truesdale & Corrison, Woods & Kingman, Keith, Evans, Thompson & Fairchild, and Harris Richardson, for respondents.

Canty, J. Buck, J., absent, sick, took no part.

OPINION

Canty, J.

These are three separate appeals in said action taken by the defendant mortgagor from the separate orders of the court below, allowing, and ordering paid to the three defendant trustees, attorney's fees.

The court below, in its conclusions of law, ordered:

"Thirteenth. Upon showing made to the court in respect to the reasonable charges for attorneys and counsel employed in this action by the several trustees of the different mortgages described in the complaint, * * * there is allowed to the attorneys and counsel of the Central Trust Company of New York, defendant, trustee of several mortgages, in addition to the sum of $ 5,000 heretofore allowed and paid to them, the further sum of $ 30,000. There is also allowed to the attorneys and counsel of the Fidelity Insurance, Trust & Safe-Deposit Company of Philadelphia, defendant, trustee of two mortgages, in addition to the sum of $ 5,000 heretofore allowed and paid them, the further sum of $ 15,000. There is also allowed to the attorneys and counsel of the Farmers' Loan & Trust Company of New York, defendant, trustee of one of the mortgages, in addition to the sum of $ 5,000 heretofore allowed and paid to them, the further sum of $ 15,000. Such allowances, if there are sufficient moneys in the hands of the receiver, to be paid upon orders of the court made at or prior to the settlement of the decree in this cause, and shall cover all allowances to attorneys for subsequent proceedings in this court in said cause."

This was filed May 6, 1893, thereafter, and before the entry of judgment herein the court made an order on May 18, 1893, ordering the receiver to pay out of the earnings and income in his hands said sum of $ 15,000, as attorney's fees, to the attorney of said Farmers' Loan & Trust Company, and thereafter, on May 20, 1893, the court made an order, ordering the receiver so to pay to the attorney of said Central Trust Company said sum of $ 30,000; and on the same day the court made another order, ordering said receiver so to pay to the attorneys of said Fidelity Insurance, Trust & Safe-Deposit Company said sum of $ 15,000. From these orders the mortgagor appeals.

The point made by appellant that these fees should be made payable...