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MEMORANDUM
December 31, 1935.
At the request of Judge Formon, Mr. Markley, representing
the Globe Indemnity Company; Mr. E.F. Smith, representing the New
Amsterdan Gasualty Company; and the writer, as woll as Mr. Emmor-
glick, counsel in the LePorte case, appeared in the Judge's chambers,
on Friday afternoon, Decenber 27th, at 2 P.M.
The object of the conference, as it developed, was to
ascertain the possibility of the defendant and his associates amicably
agreeing to reimburse Mr. Emmerglick for his services in the LePorte
Action. It developed that the out-of-pocket money spent by Mr. Unger
amounted to approximately $850.00, and that there was a bill of approxi-
mately $1200.00 still due lirs. Bergen for transcript of the testinony.
Judge Forman, however, stated that Bergen would, in all probability,
accept $500.00 as complete settlement of this bill.
Mr. Emnerglick made a very strong plea to have the Court award
counsel fees to the plaintiff's lawyer in the Order disnissing the Bill
of Complaint. He cited references to the effect that such a procedure
was entirely within the legal rights of the Judge, although there was
some question as to their applicability in the Court where this Action
was tried. Mr. Markley objected to the citations, stating that for the
most part they were not applicable and that even if they vere, the amount
which could be specified would be very nominal. Judge Forman stated that
he had made a cursory examination of the law, and that at the moment he
was not satisfied whether it was in his rights to make such an allowanco,
but that unless se could emicably agree upon some fee, he would be com-
pelled to examine the law further, as he felt vory strongly that Mr. Em-
merglick was entitled to some compensation.
Judge Forman further pointed out that he folt lik. Hamerglick
had rendered a distinct service by presenting the emse in such a work-
manlike manner, taking every detail into consideration, and that his
development of the case had been of material assistance in enabling the
Court to come to its decision. He further stated that while he could
give us no assurance that his decision would virtually meen a cessation
of all activity, still he felt that in all probability such would be the
case.
There was considerable discussion as to the amount of money which
Mr. Emmerglick should receive, but it finally cems down to the Judge aug-
gesting that Mr. Unger be paid $1500.00 to reimburse him for out-of-pocket
monsy, as well as settle with Mrs. Bergen, and that he should not be allowed
any counsel fees other than what he would obtain by the difference between
$1500.00 and what monies he had to pay out. As far as Mr. Annerglick was
concerned, he folt he should have $2500.00 and trusted that we would find
a way to make this payment.
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"ocrText": "MEMORANDUM\nDecember 31, 1935.\nAt the request of Judge Formon, Mr. Markley, representing\nthe Globe Indemnity Company; Mr. E.F. Smith, representing the New\nAmsterdan Gasualty Company; and the writer, as woll as Mr. Emmor-\nglick, counsel in the LePorte case, appeared in the Judge's chambers,\non Friday afternoon, Decenber 27th, at 2 P.M.\nThe object of the conference, as it developed, was to\nascertain the possibility of the defendant and his associates amicably\nagreeing to reimburse Mr. Emmerglick for his services in the LePorte\nAction. It developed that the out-of-pocket money spent by Mr. Unger\namounted to approximately $850.00, and that there was a bill of approxi-\nmately $1200.00 still due lirs. Bergen for transcript of the testinony.\nJudge Forman, however, stated that Bergen would, in all probability,\naccept $500.00 as complete settlement of this bill.\nMr. Emnerglick made a very strong plea to have the Court award\ncounsel fees to the plaintiff's lawyer in the Order disnissing the Bill\nof Complaint. He cited references to the effect that such a procedure\nwas entirely within the legal rights of the Judge, although there was\nsome question as to their applicability in the Court where this Action\nwas tried. Mr. Markley objected to the citations, stating that for the\nmost part they were not applicable and that even if they vere, the amount\nwhich could be specified would be very nominal. Judge Forman stated that\nhe had made a cursory examination of the law, and that at the moment he\nwas not satisfied whether it was in his rights to make such an allowanco,\nbut that unless se could emicably agree upon some fee, he would be com-\npelled to examine the law further, as he felt vory strongly that Mr. Em-\nmerglick was entitled to some compensation.\nJudge Forman further pointed out that he folt lik. Hamerglick\nhad rendered a distinct service by presenting the emse in such a work-\nmanlike manner, taking every detail into consideration, and that his\ndevelopment of the case had been of material assistance in enabling the\nCourt to come to its decision. He further stated that while he could\ngive us no assurance that his decision would virtually meen a cessation\nof all activity, still he felt that in all probability such would be the\ncase.\nThere was considerable discussion as to the amount of money which\nMr. Emmerglick should receive, but it finally cems down to the Judge aug-\ngesting that Mr. Unger be paid $1500.00 to reimburse him for out-of-pocket\nmonsy, as well as settle with Mrs. Bergen, and that he should not be allowed\nany counsel fees other than what he would obtain by the difference between\n$1500.00 and what monies he had to pay out. As far as Mr. Annerglick was\nconcerned, he folt he should have $2500.00 and trusted that we would find\na way to make this payment."
}