Opinion
06-11-1904
LILLARD v. OIL, PAINT & DRUG CO. et al.
C. D. Thompson, for complainant. Charles L. Corbin, for defendants.
Suit by Benjamin Lillard against the Oil, Paint & Drug Company and others. Memorandum on the question of costs.
For former opinion, see 56 Atl. 254.
C. D. Thompson, for complainant.
Charles L. Corbin, for defendants.
EMERY, V. C. So far as complainant's taxed costs of suit are concerned, direction for payment by all of the defendants will be made. On the result of the trial of all theissues, this is equitable. But inasmuch as complainant's action in relation to the salaries has resulted in a substantial benefit to the two New Jersey companies, by the recovery for them of the amount paid in excess, and as this action was brought by complainant purely as a stockholder to protect the rights of the companies, he should not be compelled to bear the sole burden of its recovery, and is entitled to receive out of the moneys so recovered for the companies a reasonable counsel fee. Meeker v. Winthrop Iron Co. (C. C.) 17 Fed. 48. Upon consideration of all the circumstances of the case, I fix this counsel fee at $500. Having failed in all the charges of the bill except the one relating to salaries, complainant is not entitled to be made whole for all his counsel fees and disbursements in the suit. I have settled decree on this basis. In the taxation of costs, complainant will be allowed for the sums paid stenographer for copies of the evidence, and special order to this effect will be made if necessary.