In re the Voluntary Dissolution of Luxton & Black Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Frederic Ullinan, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 17th day of August, 1898, denying the claimant’s motion to compel Herbert Y. McMullen, as receiver of the Luxton & Black Company, to pay the claim presented by the claimant as a preferred claim.
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Appeal by the claimant, Frederic Ullinan, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 17th day of August, 1898, denying the claimant’s motion to compel Herbert Y. McMullen, as receiver of the Luxton & Black Company, to pay the claim presented by the claimant as a preferred claim. From January 11, 1896, to January 26, 1897, one T. A. Glaser was in the employ of the Luxton & Black Company, a corporation engaged in the business of selling pianos at the city of Buffalo. Glaser’s position was that of…
1Opinion of the Court
Adams, J.:
The extent to which the Legislature intended to create preferences in favor of the employees of a corporation has been a somewhat mooted question in this State, and it is one which in some of its aspects is still unsettled. Under the act of 1885, which provides. *245that “ Where a receiver of a corporation created or organized under the laws of this State and doipg business therein, other than insurance and moneyed corporations, shall be appointed, the wages of the employees, operatives and laborers thereof shall be preferred to every other debt or claim against such corporation, and…
2Cases cited1 opinion
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
3Cited by3 opinions
- Hitchcock v. PagenstecherAppellate Division of the Supreme Court of the State of New York · 1921
- Hopkins v. CromwellAppellate Division of the Supreme Court of the State of New York · 1903
- In re Crawford Wollen Co.District Court, N.D. West Virginia · 1915