Commonwealth v. Traders & Mechanics Bank

Citations

• 268 Pa. 526
• 113 A. 186
• 1920 Pa. LEXIS 730

Syllabus

<p>Receivers — Counsel fee — Commissions—Findings of lower court —Evidence—Discretion—Review.</p> <p>1. While a lower court has discretion as to compensation of a trustee, such as a receiver, yet in adjusting the same, it cannot arbitrarily and without reason ignore the undisputed evidence and the findings thereon; nor can an appellate court.</p> <p>2. The allowantee of compensation to a receiver is largely a matter for the court whose officer he is, and with which an appellate court will interfere only to correct an abuse of discretion, or manifest error.</p> <p>3. An allowance of five per cent commissions will be sustained, for the amount covered by the last two accounts, where it appears that the assets were large and varied, that the receivership extended over ten years, that six accounts were filed, that the bulk of the estate passed through the first four accounts, and the receiver was allowed thereon a flat commission of five per cent without objection, that for the period covering the last two accounts the collections were difficult and the percentage of expense thereof much greater than during the earlier period, and that the trust was faithfully executed by the receiver.</p> <p>4. A receiver and his counsel cannot be denied all compensation ¡because they do not submit a detailed account setting forth each separate item, where the findings of the auditors, based on ample evidence, fully set forth the nature, extent and value of the services rendered.</p> <p>Auditors — Compensation—Discretion of lower court — Review.</p> <p>5. An appellate court will not review the discretion .of the lower court in fixing an auditor’s compensation, where there is nothing further to go on than a mere inspection of the auditor’s work as disclosed by the paper-books.</p> <p>Appeals — Assignments of error — Exceptions—Failure to quote decree.</p> <p>6. An assignment of error to the dismissal of an exception in equity, which fails to quote the action or decree of the court, is no