The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-21


In a decision subscribed by Justice
Collins, the supreme court yesterday
broadened the previous holding as to
the allowance Of attorneys fees in the
settlement of insolvent estates where
the assignee is an attorney.
1t now rules that, where services
are rendered requiring skill, the as
signee may charge.
The case arose over the bill for serv-
ices presented by Attorney w. ]. Hahn,
as receiver for the State bank, Of Min
neapolis. The lower court allowed him
$1.70O all told.
The title of the case was Hans H.
Olson ct al, respondents, VS.. State
bank ct al, defendants, William J.
Hahn, receiver ct al, appellants. In
the syllabus the court says:
l. The duties of receiver for an insol-
vent are strictly administrative or eXecu-
tive, and he Is not required because he
happens to be an attorney at law to per-
form legal services In behalf of the estate.
2. A receiver is under obligation to per-
form such duties In respect to the trust as
any ordinarily competent business man Is
presumed to be capable Of performing. It is
only for services requiring special legal
skill that he will be allowed counsel fees.
j. receiver of an insolvent banking
corporation was appointed under order
which authorized him to employ necessary
such counsel. The receiver was also an at
torney at law When making partial re-
port he presented, among other accounts,
one for services rendered by counsel en-
ployed by him in various legal matters
connected with the estate The court below
wholly disallowed and rejected a number
OF items contained in this account on the
ground that all of the services set forth
In the attorneys bill r in items dis,
allowed, should either have been performed
by the receiver OF, If performed by an
OF htO
by him."
Held error. 1t was not the duty of the
receiver to perform all of the services said
to have been rendered, or to paw for the
same when performed by another.
4. When passing upon the reasonableness
of charges made for counsel fees In such a
case the judges of the court can rightfully
use their personal knowledge as to what
has been done by the attorney and cah
also take into consideration the character
OF legal services therefore rendered by coun,
count thereof. The correctness of such AZ,
account is not to be determined, as in
ordinary cases, exclusively upon the evil
dence introduced on the hearing
8. 1t is the duty of the court whether
objections are or are not made by the
creditors OF trust estate to supervise and
closely scrutinize the trust account When
this Is done, in accordance with the rules
or law which govern, this court will not
interfere, or direct revision, except where
there has been an abuse of that sound dis
lower courts.
Three ST. Paul cases were decided
by the supreme court yesterday.
In the case Of John Bruggeman, re-
spondent, VS.. John Wagner, appel
liant, one Robinson had accused Jo-
seph Minea of making fraudulent
transfer of his grocery stock to avoid
the payment of rent to him, Robinson
Minea became insolvent, but made
an agreement with all of his creditors,
save Bruggeman and Robinson, to set
tie for 80 cents on the dollar. With
Bruggeman he made an agreement by
which the latter purchased the stock,
paying therefor money enough to set
tie the claims of other creditors, save
Robinson. Minea was retained as
manager of the store on a salary.
Robinson'S claim was for rent on a
building formerly leased by a firm of
which Minea was member. The rent
had been paid up to the time the firm
vacated the store, and 1t was made to
appear that Robinson had agreed verb
ally to accept as payment in full a
settlement for the time the firm ac-
tually occupied the building.
Robinson, on the other hand, set up
the claim that the transfer of the stock
was fraudulent.
The syllabus is:
John Bruggeman, respondent, VS.. John
Wagner, appellant.
Upon the evidence produced on the trial
of this case it cannot be held as matter
of law that a sale and transfer of personal
property therein involved was as a mater
of law fraudulent and void as to the VENDORS
creditors. Order affirmed
Collins, ].
Elias M. Sloggy, who was arrested and
fined $40 for selling SKINNED milk, which he
had purchased from the Crescent Creamery
company, sued the company for 1900, alleg-
ing that it was liable for tie indignity to him.
The supreme court holds that he is entitled
to but nominal damages, the syllabus of the
decision being:
Elias NJ. Sloggy, appellant, vs.. Crescent
Creamery Company, respondent.
l. Tested by the well settled rule of law
that where parties have entered into a con-
tract which has been broken by one OF them
the damages recoverable are such only as
may fairly and reasonably be considered as
arising naturally from the breach, or such
as may reasonably be supposed to have been
contemplated by both parties when contract
ing the complaint herein stated a cause Of
action for nominal damages only.
2. In such case where the court below
ordered Judgment for defendant the
pleadngs the rule de minimis as applied
on an appeal from the judgment Judg-
ment affirmed. Collins, j.
The order of the trial court warding Ed
ward c. Fithian judgment for $1N.97 against
Anna M Weidenboerner, doing business as
Weidenboerner Co., Is affirmed on the evil
dence. The amount claimed is for services