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BUFFALO COLOROGRAPH CORP. v. GENERAL PRODS. CORP.

February 18, 1936

BUFFALO COLOROGRAPH CORPORATION
v.
GENERAL PRODUCTS CORPORATION



The opinion of the court was delivered by: SCHOONMAKER

Exceptions having been filed to the first and partial account of the receivers by Ketchum, McLeod & Grove, Inc., and V-B Corporation, we referred the matter to a special master to take proofs on the issues arising and as to the parties entitled to distribution of the balance shown by the account, and to ascertain and report a schedule of distribution.

The special master has made and filed his report, to which exceptions have been filed by certain of the parties affected thereby, which we shall now take up and consider.

 I. Claim of Ketchum, McLeod & Grove, Inc., for $1,000 for services.

 This company filed a claim for $1,000, being services rendered to the receivers in the administration of the estate. The special master disallowed the claim. We have reviewed the testimony and are of the opinion that the special master was clearly right in so doing. We disallow this exception. The special master has so well stated the reasons why this claim is not allowable that we do not care to add anything to what he has said.

 II. Claim of Harry Shapera, $2,127.

 This claim, except $227.50, was for legal services rendered to the corporation. We have reviewed the evidence and are satisfied that the allowance made by the special master was fair and reasonable. His findings of fact as to the value of these services will not be disturbed, unless patently unjust and inadequate. In re Melhado (D.C.) 1 F.Supp. 591. We cannot so find in the instant case.

 As to disallowance of Shapera claim for $227.50, the subject matter of his second exception. This exception is sustained on stipulation of the parties and supplemental report of the special master filed January 31, 1936.

 III. Claim of A. S. Guggenheim for $6,000.

 We have reviewed the evidence and findings of fact of the special master as to this claim. We adopt his findings and conclusion that this claim is not allowable, and dismiss his exception to the disallowance of this claim.

 IV. W. S. Combs -- Claim of $2,167.60.

 Combs filed a wage claim for $2,167.60 for services to December 1, 1931. The master allowed $165 of this item on account of September salary and allotted to V-B Corporation, as assignee of Combs, wages in the sum of $1,402.60, the amount due Combs in salary up to August 1, 1931, and disallowed entirely his claim for wages for October and November, 1931. Combs excepts to this action by the special master.

 We again have reviewed the testimony as to this claim and conclude they sustain the findings of the special master. We ...


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