Greyling Realty Corp. v. Lawson

175 S.E. 453, 179 Ga. 188, 1934 Ga. LEXIS 251
CourtSupreme Court of Georgia
DecidedJuly 13, 1934
DocketNo. 10012
StatusPublished
Cited by7 cases

This text of 175 S.E. 453 (Greyling Realty Corp. v. Lawson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greyling Realty Corp. v. Lawson, 175 S.E. 453, 179 Ga. 188, 1934 Ga. LEXIS 251 (Ga. 1934).

Opinion

Bell, J.

This was an equity case in which receivers were appointed at the instance of parties represented by the law firm of Little, Powell, Reid & Goldstein of Atlanta. Pearce Matthews, a member of the Atlanta bar, was appointed by the court as attorney for the receivers, William Matthews and Henry B. Troutman. The petition was filed on May 1, 1933, at which time Matthews and Troutman were appointed as temporary receivers. On July 29, 1933, the court entered a decree by consent, adjudicating a number of matters including permanency of the receivership. On September 15, 1933, on proper applications, Judge Howard, of the Atlanta circuit, entered an order allowing fees to the attorneys for the plaintiffs, to the attorney for the receivers, and to the receivers themselves, in sums respectively stated. Certain of the defendants excepted to this order, contending that the allowances were grossly [189]*189excessive and should be reduced. Thus, the only question presented in this court was whether the fees were reasonable. The order of Judge Howard to which exception was taken contains a statement of the case, together, of course, with the amounts awarded, but it also gives a brief history of the proceedings, with the reasons for his judgment; and it is valuable in this connection to quote the order in full, which we do as follows:

“Mrs. Lula Lawson et al. v. Greyling Realty Corporation et al. No. 97948, Fulton superior court. This matter came on for hearing, on September 5th, 1933, by agreement of the parties, on applications for the payment of fees to counsel for the plaintiffs, to the receivers, to counsel for the receivers, and to counsel for some of the defendants. After the introduction of a large volume of both oral and documentary evidence, and after hearing from all the parties then before the court, decision was reserved in order to afford other parties an opportunity to be heard. It now appears that all parties having any interest in the matter have been fully heard.
“The temporary receivers took charge of and took over the management and control of assets, which the evidence shows to have had a value of several million dollars, and which assets were composed of several hundred separate parcels of improved real estate, some of which were owned outright by Greyling Eealty Corporation, either in its own name or in the name of subsidiaries or agents, and some of which were encumbered by mortgages or security deeds held by various banks in other States, but a large portion of which was encumbered by security deeds which were held by Manufacturers Trust Company in New York, as trustee for the holders of bonds of the Mortgage Guarantee Company of America. All parties at interest consented to an interlocutory decree, and later consented to a final decree making the receivership permanent. The report of the receivers shows that although they greatly reduced the expenses and costs of the management of these properties, they increased the income from the properties more than $6000 per month; and that with the help and co-operation of counsel for the receivers and of counsel for the plaintiffs they have arranged for the servicing and management of these properties by a corporation organized for that purpose. The decree directs the disposition not only of the income, but also directs the liquidation of the properties themselves, and the application of rents to the payment of taxes [190]*190on the properties and to the payment of principal and interest on the mortgages or security deed held by Manufacturers Trust Company and others on a large portion of the properties.
“It further appears from the evidence that while the attorney for the receivers has performed many specific duties, that he has also, throughout the conduct of this case, by reason of his complete knowledge of the affairs of the various defendant companies, been of invaluable service, constantly consulted by all parties; and that the framing of the final decree which was consented to by all parties, and the making of the contract by the receivers for the servicing and management of the properties in the receivership, have, to a large extent, been made adaptable to the peculiar relations between the various corporations, and comprehensive as to all the assets, through his efforts and advice. The estate is a large one, and under the consent decree involves properties having value in excess of $3,000,000. The questions involved in its equitable liquidation are numerous and complicated. Unusual legal skill and knowledge were required both in the bringing of the original bill and in the framing of decrees which protect the interests of the parties involved and permit an equitable adjudication of complicated questions affecting large interests. Reasonable compensation for the services performed would involve the allowance of more substantial fees than are at this time allowed, the court being of the opinion that the fees now to be paid should be confined to a fund which remains in the hands of the receivers, undistributed. While the court has the right, by express provision of the decree, to tax other funds with the costs and expenses of the receivership, the court will not at this time do so, but will confine the present allowance of fees to the above-mentioned undistributed fund, which, after reserving a sufficient amount thereof with which to pay all court costs, is still sufficient to pay the following fees, which are hereby allowed: To Little, Powell, Reid & Goldstein, as attorneys for the plaintiffs bringing the original bill, to be applied on account, the sum of $17,500.00. To Pearce Matthews, as attorney for the receivers, to be applied on account, $7,000.00. To William Matthews and Henry B. Troutman, as receivers, in full of their services as such up to the date of the final decree of August 9, 1933, each $7,000.00. The receivers are authorized and directed, therefore, to make the foregoing payments, which are as[191]*191sessed against the defendant Greyling Eealty Corporation, in accordance with the aforesaid final and consent decree of August 9th, 1933."

The bonds held by the plaintiffs amounted to only $2000, but other bonds resting upon the same security and held by persons situated similarly to the plaintiffs aggregated some $10,000,000; and the suit was brought for the benefit of all the bondholders. It is conceded by counsel for the plaintiffs in error that fees were allowable in some amounts, but it is insisted that the amounts awarded are unreasonable and excessive under the circumstances. They contend that the value of the assets to be considered was nothing like the amount stated in the judge’s order, and was not in excess of $200,000; that the receivership was of no benefit to any party at interest, but was in fact a detriment to those for whose alleged benefit the assets were impounded; that the services rendered respectively did not involve any unusual ability or skill; and that for these and other reasons the judge abused his discretion in determining the amounts to be awarded. We do not undertake to state the contentions of the plaintiffs in error in every detail, nor do we deem it necessary to give the history of the case beyond what is stated in the order of the judge. The order speaks for itself, and shows upon its face that the fees awarded were in each instance reasonable, if the conclusions stated therein were supported by the evidence heard. We have carefully examined the record, including what is stated in the bill of exceptions, and we can not say as a matter of law that the trial judge was wrong in any conclusion reached.

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Bluebook (online)
175 S.E. 453, 179 Ga. 188, 1934 Ga. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greyling-realty-corp-v-lawson-ga-1934.