LAW.coLAW.co

Joseph Landsman, complainant, v. Globe Art Manufacturing Company, a corporation, defendant

New Jersey Court of Chancery1928-04-15
102 N.J. Eq. 464

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Church, V. C.

This is an application to fix allowances in a receivership.

The allowances asked for by the receiver and his counsel aggregate $15,000. The estate in this jurisdiction amounts to $24,248.80.

Receivership proceedings were also instituted in the federal courts to collect an insurance policy of between $23,000 and $24,000. They are still pending.

Statements of services rendered have been filed and memoranda submitted. In the first place, I shall make no attempt to fix any fees in a proceeding in the federal courts. The matter is not within the jurisdiction of this court.

This leaves the question of the allowance in the estate totalling $24,000. I realize that due consideration should be given to services rendered and I have no doubt this receivership was ably handled. The quantum of the estate must also be taken into consideration.

I have stated this in Bock v. Columbia Brewing Co., 99 N. J. Eq. 617.

In that case I held eighteen per cent, of the quantum of the estate was excessive. In the case now under consideration the request for allowances is sixty-one per cent. In the Columbia Brewing Company Case the services were, perhaps, not as great as in the matter now before me. I allowed eight per cent.

In this case I shall allow $4,000, which is a little over twelve per cent., and which I consider ample for the services rendered. These fees are in full for all services to be compensated for by this court.

I will allow the special master for auditing the account $300 and to the appraisers $50 each.