The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-26
THE COURTS.
Imp ,rtant Decision as to Account
ing by Assignees.
LAWYERS AND THEIR FEES.
Another Step in the Contest or
A. T. Stewards Will.

Judge Van Hoescn yesterday rendered decision
Of Importance assigness in the matter Of the &C.
counting Of John u. weinholz assignee OF William
Dryer, which came before him on a motion 10 con.
Arm tho report Of referee appointed TO take and
state the accounts OF the assignee, and TO relieve
both himself and his sursties from further liability.
In his decision Judge Van Hoesen ssys:-"There are
shrce classes OF barred by the discharge Of
An assgnee-nrst, creditors who have appeared; Sec
ond, creditors who have been duly cited, but have
failed TO appear, and, third, those who, alter due
advertisement, have not presented their ciaiina
Il mas. appear the accounting before the referee
that assignee duly advertised claims. II was
not the intention the Lsgisat that the assignee
should administer tho estate without notice 10
the creditors II must also appear that cita-
iious have been Issued TO creditors and par.
Ties interested In the fund. There must
be proof that the citation has been duly served;
II lis OF essential that the referee should
know who the creditors are. Tor without such know
edge ne can not tell whether they all cited
The original schedule not satisfactory evidencs Of
This. The OF the assignor The assignee himself
other Witnesses may oe examined 70 ascertain the
Dames ana addresses OF the creditors. the referee
should have taken testimony to ascertain whether
there any creditors who nave signed the CON-
position. Again there must be some authority gwen
by the Court 10 warrant the withdrawal OF the AS
of the original and tor The substitution
copies IN their stead In this case the assignee Is
sole wtnsss the signatures OF the creditors 70
The composition agreement and TO the release He
goes before notary pubic by himself proves az SUD-
scribiug witness tue signatures OF The crsditor and
then, without any other evidence OF tho genuine.
OF the signatures than tne certificate OF the
notary that The assignee has sworn to them,
he ASKS that his bond discharged. IL will DO
that the whole matter Interests OF the cred
itors hang on the mere word oil single person, and
that person the assignee who asks his bond DO
cancelled and that as be released He thea offers
purports 10 be, and what probably Is, copy OF
the notary pubc's and PROPOSES 10 leave
Va n
oil originals the lilies OF the This Is too
unsafe method ot DONG business the matter must
be referred BUCK referee 10 ascertain the
mnation oi witnesses who are tue creditors Of the
solvent and whether they have ali signed the CON-
position; whether there any advertise ment tor
claims aud whether the creditors were duly cited.
The original composition agreement and the original
referee. The testimony must be IN writing sub
scrlbed by the Witnesses anu returned with the
port"
LAWYERS SCRAMBLING FOR FEES
Application made 70 Judge Daniels yesterday,
In Supreme Court Chambers. by Mr.. Clarence Gary
for instructions relative disposition should
make OF certain moneys paid him by the United
States governments receiver OF the plumbing con-
tract the new Post Office. Mr.. Cary appointed
receiver in a suit between tho contractors, while
be was continuing the work in the Post Office J. NJ
Heatherton, one OF the contractors, ordsred by
the Supreme Court assign 10 the receiver, In
for his wife, Mary Heatherton, his interest the
contract 10 secure counsel fee and aimony q suit
Tor divorce then pending between Heatherten and has
wife, and which assignment was executed and
hicd with the receiver. Subsequently two SIM
liar assignments were under subsequent orders OF the
Court, executed by HeAlherton and filed with the re-
eeivsr, whole sum thus secured, with interest,
amounting now 10 $l,730 IL. Heaiherton's counsel
meantime filed notice OF lien tor his services with
The receiver, claiming 81, 900 for the same, aud
Heatnerton's broLhsr nled iurther claim tor Heath
erton's superintendent oil the work, asking
10 De allowed 50 DAY therefor, as be regarded the
plantin as his empioye
All the parties we're represented In Court Mr.. Ira
Scnafer behalf oil the administrative Of the late
Thomas hastings, VINO was 0ns OF the orig
inal contractors, asked TO be allowed halt the
fund remaining alter the receivers ices
were paid. MT. Denis A. Spellissy, VINO represented
Mrs Heatherton. claimed priority oil right I
Heatberton's share OF the money alter those Tees
deducted. Mr. Samuel G. Courtney,
Hsatherlon's counsel, wanted his iec paid
fore Mrs Heatherton's claim, and Mr.. Malcolm
CAmpbsl, behalf OF Heatherton's brother,
urged upon the Court that his bill Tor
entitled be the nrst paid Tue receiver OF course
claimed ices, mud OF the contestants
ceptiun bill that OF the representatives VI
his deceased predecessor, Mr. BIaiack, which
presented by Mr.. Naaman Davis, did moi meet with
such gentle treatment from the lawyers, aud time
was gwen to prove IT, Judge Daniels meautins re-
serving his decision.