193 Pa. 240 | Pa. | 1899
Opinion by
At the instance of the attorney general, a judgment of ouster against the Order of Solon, a beneficial corporation, was entered by the court below, May 25, 1894, and William H. Gas-kill appointed receiver. A very large fund came into his hands, and auditors were appointed to distribute it among those entitled to the same. The claimants for the most part were those holding benefit certificates of membership in the order, of whom there were several hundred; the contributions of benefit members made up the fund for distribution. Subsequent to the judgment of ouster, Matthew Dolan and others purchased large numbers of the certificates, aggregating a large value, from members, at a discount, and presented them before the auditors as claims on the fund. In this presentation, they were represented by Josiah H. Quincy, Esq., who, acting for his clients, successfully objected to the payment of other claims to the amount of about $50,000. By that much the fund was increased for distribution to unobjectionable claimants. It does not appear how many of these disallowed claims were, on their face, unsustainable, nor just how they were effectually resisted, whether by evidence or argument. But the clients of Mr. Quincy claimed that he be allowed for attorney fees and expenses out of the fund; the auditors awarded him $3,130.62. To this award, B. F. Todd and others, not clients of Mr. Quincy, but actual members of the order, excepted; the court overruled the exceptions, and they now appeal.
It is somewhat difficult to understand, in view of the admitted facts, on what grounds, legal or equitable, this claim was allowed. Mr. Quincy had no claim at law against the certificate holders who did not retain him; who did not even impliedly request his professional services. Will equity sustain the award ? It is conceded that the distribution of a fund in the hands of a receiver or other trustee is to be governed by equitable principles ; and where the attorney of one of several par