Page:Federal Reporter, 1st Series, Volume 9.djvu/292

 HUNKEB V. BINQ. 277 �HuNKER, Assignee, etc., ». Bing, Jr. (District Court, 8. B. New York. September 27, 1881.) �1. BAifKRnPTCT— Absighhb ra Inbolvbkct — Von) Assignment — Assignbb's Ai.- �lOWANOB POB DiSBUBBBMBNTS AND BbBVICBS. �A voluntary assignee in insolvency, under a void assignment, will not be reimbursed bis expenses incurred under the assignment, nor is he entitled to compensation, as assignee, for services. For such services and disbursements, however, as beneflt the general body of creditors, either by reason of the pres- ervation of the f und te their use, by advantageous collections of assets, or by conversion of property into mOney, he will be allowed what is reasonable and just. �2. Same — Same— Attobket's Fees. �Payments made hy him to au attorney -will be governed by the same rule. �In Equity. Exceptions to master's report upon accounting. �F. W. Hinrichs and G. P. Sheldon, for complainant. �Simon H. Stern, for defendant. �Brown, D. J. This action "was commenced on October 31, 1878, by the complainant, as assignee in bankruptcy of the firm of J. Bear & Sons, to have a voluntary assignment made by that firm to the defendant, as assignee in trust for their creditors, on January 2, 1878, declared frandulent and void, and the assigned property or its pro- ceeds turned over to the complainant. Upon an answer substantially admitting the plaintiff's claims, with an account annexed, an inter- locutory decree was entered on March 15, 1879, adjudging the assign- ment void as against the plaintiii, and referring it to a special master to pass the defendant's accounts. The master, in his report, dated October 10, 1879, and filed January 3, 1880, allowed to the defend- ant his charge of $1,618.14 for his "commissions as assignee," and the sum of $2,000 paid by him to his attorney for his charges and expenses. To each of these items exceptions have been taken as unwarranted and excessive. �A large part of the property of the bankrupts was sold at auction, under the direction of both the plaintiff and defendant, shortly before the commencement of the action, by order of this court, being all the property then remaining unsold, and the defendant's account accord- ingly embraces the entire assets of the firm. By this account the gross receipts were $32,415.02; the charges and expenses, as passed and allowed by the master, amount to $11,001.95; leaving net pro- ceeds to the amount of $21,313.07. The charges and expenses, besides the items excepted to, are made up of $2,650 for rent, about $2,200 for salaries of persons employed by the respondent, about ��� �