Page:Federal Reporter, 1st Series, Volume 2.djvu/772

 IN SE PENNEY. 766 �In re Pennbt, Bankrupt. {District Court, W. D. Pennsylvania. , 1880.) �Boin>— Attobnbt's Commissions. — A. stipulation in a bond for attomey'» commissions in case of default is sustained by the supreme court of Pennsylvania. �In Bankruptcy, �Sur exceptions of the Dollar Savings Bank to register's report disallowing attorney's commission. �Bogers e Oliver, for Dollar Savings Bank, exceptant. �Kennedy e Doty, for assignee of John Penney. �AcHESON, D. J. The real estate of the bankrupt having been sold under an order of this court divested of liens, the distribution of the fund arising from the sale was referred to the register, to whose -report the Dollar Savings Bank, a judgment crediter, has filed exceptions. The exceptions are to the disallowance, by the register, of the claim of the bank to attorney's commissions, upon its judgment. The register states, in his report, as the ground for disallowing the claim, that the "commissions were not liquidated in the judgment, and no process was issued for the collection of the judgment." �The bond of the bankrupt upon which judgment was con- fessed provides that in case of default in the payment of the principal debt, or any instalment of interest, the obligor "shall also pay ail fees, costs and expenses of collecting the same, in- cluding an attorney's commission of 5 per centum;" and the warrant of attorney accompanying the bond authorizes the confession of judgment "for the penalty of the said bond, with costs of suit and attorney's commissions, as herein provided," upon any default being made in the condition of the bond. Pursuant to the terms of the bond and warrant, judgment was entered in the court of common pleas. No. 2, of Allegheny county, on February le, 1878, in favor of the bank and against John Penney, the now bankrupt, "for the sum of $40,000, with costs of suit, * • * * to be released on payment of $20,000, with interest from May 1, 1877, at the rate of 8 per centum per annum, and 5 per centum attorney's commis- sions." �11* ����