William R. Day

“ It establishes the right of an assignee for the benefit of creditors, to the extent that he asserts rights to expenses incurred and compensation earned under an assignment in good faith before the bankruptcy proceedings, to have the merits of his claim determined in a judicial proceeding suitable to that purpose, and not by summary proceedings where punishment for contempt is the means of enforcing the order. ”

“ On December 22, 1917, upon the petition of creditors Reiswig was duly adjudged a bankrupt, and Valley, respondent herein, is his trustee in bankruptcy. Galbraith appeared in the bankruptcy proceedings and filed an account, claiming therein the right to retain a certain sum for fees and disbursements under the assignment, and piad over to the trustee in bankruptcy the other moneys which he had acquired. Thereupon the trustee in bankruptcy filed a petition with the referee in bankruptcy asking, in a summary proceeding. ”

“ It was held that the claim for compensation could be allowed so far as the services were shown to be beneficial to the estate.
In Babbitt v. Dutcher, 216 U.S. 102, 30 Sup. Ct. 372, 54 L. Ed. 402, 17 Ann. ”