Opinion
Gen. No. 41,516. (Abstract of Decision.)
Opinion filed March 11, 1941 Rehearing denied June 24, 1941
BANKING, § 169 — liquidation, fees of counsel of depositors' committee. Where attorney who was seeking fees from receiver of insolvent bank had been selected as chairman and legal adviser of the depositors' committee, and had stated that he expected no compensation unless the bank was reorganized, but when reorganization failed he purported to render services in connection with its liquidation, since such attorney had no contract with the receiver for compensation lower court improperly allowed him fees, and decree was also unenforcible for indefiniteness, where it ordered receiver to pay fees upon approval of State Auditor, but decree did not order auditor to do anything except exercise his own discretion, which he did by refusing to approve allowance of fees.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. WILLIAM V. BROTHERS, presiding.
Reversed and remanded with directions. Heard in second division, first district, this court at October term, 1940.
Whitty McGah, for appellant;
William J. McGah and Francis L. Brinkman, of counsel;
Harry A. Goldsmith, for appellee;
Milton Perlman and Daniel A. Uretz, of counsel.
"Not to be published In full." Opinion filed March 11, 1941; rehearing denied June 24, 1941.