Lupton v. Hughes

Citations

• 18 Del. 515
• 2 Penne. 515
• 47 A. 624
• 1900 Del. LEXIS 23
• 1900 Del. Super. LEXIS 8

Syllabus

<p>Debt—Trial by Court without Jury—Landlord and Tenant—Bent — Wages; Preference of—Construction of Statute—Execution—Distress—Landlord’s Lien for Bent.</p> <p>1. Section 52 of the General Corporation law approved March 10,1899, (Chap. 273> Vol. zz, page 46z, Laws of Delaware) applies to the preferred lien and wages of employees of such corporations only as have been first ascertained and adjudged to be insolvent by the Court of Chancery pursuant to the appropriate proceedings in that behalf, or, at least, are the subject of such proceedings pending in said Court; and not to the preferred lien and wages of employees of any corporation not so adjudged, or proceeded against as insolvent. The said section relates solely to corporations formed under said act, and to the payment of wages as a first preference to the employees of a corporation merely, and only after it has become insolvent; while section 1 of the act passed February 25, 1879, {Chap. Z47, Vol. z6, page 2Z4, Laws of Delaware) relates to employees of any person, association or corporation without any restriction as to insolvency. Hence it cannot be held that said section I of said act of 1879 is repealed or in any way affected by said section 52 of the act of 1899, or by any other statutory provisions, so far as concerns the preferred lien and payment of the wages of such employees.</p> <p>2. A tenant may lawfully sell and deliver to a bona fide purchaser for a valuable consideration his goods and chattels on the demised premises, and they will pass to such purchaser having the bonafide possession of them on such premises, free from any lien or liability for rent due or growing due, unless they be lawfully attached or levied upon under execution process, prior to such sale and delivery, or duly levied upon prior or subsequent thereto under a distress warrant.</p> <p>3. The employee’s lien for wages will not continue upon, or any part of his wages be satisfied out of his employer’s property, after it has been