In re Slomka

Citations

• 117 F. 688
• 1902 U.S. Dist. LEXIS 90

Syllabus

<p>1. Bankruptcy—Claims—Priority—Wages.</p> <p>Bankr. Act, § 64 B (4), relating to the priority of claims, authorizes priority for wages due to workmen, clerks, or servants, earned within three months before the date of the commencement of the proceedings; and subdivision 5, for debts owing to any person who by the laws of the states or United States is entitled to priority. Held1 that, where wage claimants were entitled to liens by virtue of state law, they were entitled to priority under subdivision 5, though the wages were not earned within three months before the date of the commencement of the bankruptcy proceedings.</p> <p>2. Same—Wages—Liens—State Statute.</p> <p>Laws N. Y. 1897, c. 624, § 29, declares that, in all distributions of assets under all assignments made in pursuance of the act, wages owing to employes of the assignor at the time of the execution of the assignment, or wages for services rendered within a year prior thereto, shall be preferred before any other debts. Held, that such statute created a lien in favor of wage claimants on the fund in the hands of the assignee produced from the assigned property, which lien attached to the fund when transferred by the assignee to a trustee in bankruptcy.</p>