Drascovich

Equitable Trust Co. of New York v. Drascovich

Good Law
3 F.2d 728·1925 U.S. App. LEXIS 3786
United States Court of Appeals for the Ninth CircuitFebruary 2, 1925No. 4293California848 words

Opinion

Lead Opinion

Morrow, J.

In the proceedings commenced March 2, 1915, by the Equitable Trust Company of New York to-foreclose the mortgage executed by the Western Pacific Railway Company to secure bonds to the amount of $50,000,000, the property of the Western Pacific Company was sold by the special master on June 28,. 1916, for $18,000,000. The sale was confirmed by decree of confirmation July 1,. 1916. Out of this sum of $18,000,000, and interest accrued while the foreclosure proceedings were in progress, the court decreed the payment of all expenses in the proceedings, amounting approximately to the sum. of $276,895, and a distribution of the remainder, amounting to $17,727,725.55, to bondholders presenting their bonds, in the percentage of $35.455451 per $100 face, and $354.55451 per $1,000 face of the amount of the bonds.

On August 29, 1916, and September 6,. 1916, orders were entered by the court determining and ordering paid from the funds-in the hands of the special master, among other items, the amount of compensation off the receivers, $70,000, and their counsel, $71,056.71; the compensation of the complainant, as trustee, $25,000; disbursements-by complainant as trustee, $12,469; its counsel,…

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