Hines v. Lowrey, 305 U.S. 85 (1938)

Hines v. Lowrey


No. 24


Argued October 19, 1938
Decided November 7, 1938
305 U.S. 85

CERTIORARI TO THE SUPREME COURT OF NEW YORK

Syllabus

1. Section 500 of the World War Veterans’ Act limits to $10 the fee of any attorney or agent for services in the preparation and execution of necessary papers in any application to the Bureau, except where a judgment or decree shall be rendered in an action under § 1, Tit.19 of the Act. Held, the limitation was binding upon a state court in respect of an allowance for services rendered in connection with a claim on a War Risk Insurance contract by an attorney engaged by the guardian of an incompetent veteran. Hines v. Stein, 298 U.S. 94, distinguished. P. 87.

2. Section 500 of the World War Veterans’ Act, limiting the amount of the fee payable to attorneys for services rendered in connection with claims before the Bureau, is a valid exercise of the power of Congress. P. 91.

252 App.Div. 779, 300 N.Y.S. 603, reversed.

Certiorari, 304 U.S. 555, to review the affirmance of an order allowing a fee of $1,500 for legal services rendered the estate of an incompetent veteran. The Administrator of Veterans’ Affairs had intervened in opposition.