Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-03-08
In the Celebrated Case of
Frink ct al. VS.. McComb.
THE OPINION BY JUDGE WALES
Legal Services Covering {
Period of Ten Years.


ct al. vs.. McComb, administrative, by
which the attorneys for Snydcr's admins
traitors Drink ct all are awarded the sum
Of $4,000 fees for services stretching over
n neriod of nearly ten years. The suit in
its various features has appeared III the
circuit courts of Massachusetts and i'll this
district, and also in the Supreme Court OF
tho United States. The story is of interest,
especially to the legal profession i'll the
way it affects the question OF contingent
fees. Fl |
The counsel interested in the present
decision ARE Messrs. Wilson and Wallace
of New York city, Senator Gray and
William G. Spruance. Earlier in the pro-
eress of the suit Ambassador Bayard was
retained. But his subsequent appoint
ment to the English embassy caused MIN
to retire from connection with the case.
The suit was commenced originally some
ten wears ago, when some stock i'll the
Southern Railway Association was trans
| ferred to Colonel II. s. McComb of this
| city, by party named G. Brown Snyder
| of New York city, under, as Snyder main
tanned, the terms OF Il secret trust.
The shares at that time were OF CONSIDER,
able value. Colonel McComb afterwards
| sold a large block of them to the Pennsyl-
vania railroad at very excellent figure.
| Subsequently the shares deprecated i'll
value and then became worthless. McComb
was repeatedly asked by Sh.'"r to re-
transfer to him or to his order the cshares
while they were still OF gisa value.
| McComb refused it, denying the trust.
Under these circumstances snyder
broughtsuit in the Massachusetts courts for
the value Of the shares which he alleged
MeComb withheld from him. The suit
was unsuccessful resulting i'll verdict for
McComb. The amount claimed was about
$500, ,000.f
Subsequently,, evidence came into the
hands oil Snyders counsel from which
they arrived at the opinion that favor
able termination to an equity suit for the
amount in controversy might reasonably
be expected.
These points were communicated by
counsel to Snyder's administrators, he
sultation, the Snyder heirs authorized the
institution of a suit in the circuit court of
this district, against the executrix, OF
| | Colonel NIcComb, he also having died in
the meantime.
The terms of the employment of counsel
were such, that in the. event of the unsuc-
cessftu Termination of the suit in Della
. ware, Snyders administrators should not
J Lin any, ease pay more than 5000 Tor all
!. thecosts and disbursements of the elitigati0n.
But that in the event of favorable
r termination of the suit, counsel should be
, "liberally' OF Handsomely" COM
5 pensated.
i SUIT was accordingly blOusib VII bhO
equity side of the United States circuit
e court for this district by the Snyder ad-
t ministrators against McComb's estate for
D the value of the stock in question, amount
( ing to about 5000, 600. After the case had
been brought to issue, and testimony
taken, it was finally argued on. June
la-l3th, 1883. The counsel engaged were
!. Messrs. Wilson Il Wallace of New York
n CITY, Senator Gray and William q.
I Spruance OF this city, for Snyder's admin
I, trators George H. Bates and Ambassador
n Wayne MacVeagh for the McComb execu-
d trix.
i On July 3d. 1889, the opinion of Justice
n Bradley and Judge Wales directing the en-
try of a decree in favor Of Snyder's admins
> traitors for the sum of sol 40 with interest
was handed down. This was the final de
cree in the circuit court in favor of the ad
Al minstratofS.
!, An appeal was taken by both sides to tht
:" ., Supreme Court OF the United States a
" Washington. On June "a, 1888, man
/ date from the Supreme Court. affirming
e the final decree of the United States circui
n court for this district was received ant
q. filed in this city,
. George A, Frink and Esther s. Snyde
were the administrators of the Snyde
estate in question.
!. Subsequent to the entry of the final de
81 cree of the circuit court, an assignment o
" said decree to the use of Walkinshaw
u u Voight, commission merchants OF Nev
70 York city was received and filed here Sep
9, tember 23d, 1890. On February 7th, 1891,
,iSe further assignment of the decree was mad
~ ~ by Snyder's administrators to the sam
va New York firm.
Under these conditions the assignees o
the Decree Messrs. Walkinshaw q Foighl
claimed for advances previously made b.
DIX them to the firm of q. B. Snyder & Co
le consisting ofthe aforementioned admin:
st traitors of Snyder and his widow, and mex
IN of kin, that the entire interest in the Delt
lie ware decree, which had been confirmed a
"a Washington, passed absolutely 10 them
~ discharged of any claims for legal service
he or disbursements made by the Snyde
solicitors since the institution of the SUI
The solicitors employed by the Snyde
estate, on the other hand, claimed that th
he decree which their efforts had obtaine
,ss was subject to lien for the legal service
IRE rendered. Under these circumstances a
~. execution writ was issued by the solicitor
of of Snyder's estate against the defendan
,at McComb's executrix. This resulted in I'll
lrs defendant filing petition, and asking ft
ms the vacating of the execution; the execl
re trix rendering herself ready and willing
pay the amount OF the execution INTO I'll
registry of the court.
With interest added to this time the c!
ry ecution amounted to about Sll3OOO. Upo
he this petition, the execution was stayed /
en- consent of the solicitors in charge, and IL
Il defendant, with consent of all parties, WI
II. ordered by the court to pay the sum
Ior $4,000 into the registry OF the court, m
II. to pay the balance due under the execute
IN, writ, amounting to about $4,000 and II
as wards, to the assignees of the judgmen
Walkinshaw e. Voight of New York, upC
the assent of the Snyder administrators.
These amounts were paid as instructe
nd the matter in relation to counsel servic
led rendered, and their value, and also in r
of lation to disbursements by counsel durir
ile progress of the suit, and also in relate
lgo 10 the lien if any existing, in favor Of Il
ay- solicitors against the decree, were referrt
to the examiner of the court to hear u
porties to take the testimony and repo
the findings.
led The report OF the examiner was handC
ON. in November eth last. Walkinshaw
lad Voight filed exceptions to them, and q
cry whole matter came on to be heard {
vas petition of defendant, answer Of solicitor
exception to report of examiner, and {
the proofs in the case, on February 10
I. last. The hearing was before Jndg
nal Dallas and Wales in the circuit court hel
oe, The main point found by the examin
eri- was that contract had been entered in
last between the Snyder administrators III
rn- their solicitors, prior TO the comment
ment OF the Delaware suit, and that this co
tract was contingent one emitting con
sci to receive out of the decree a han
rod some compensation for their services
nod the event of success; and in event OF 10
l in ure the whole compensation, includil
oti- disbursements, should be limited to $50
1t is stated that the case has not J