In re New York Locomotive Works
New York Supreme Court
Appeal from special term, Jefferson county. Petition by Thomas H. Stryker and Edward Comstock, as receivers of the New York Locomotive Works, for instructions as to whether certain claims should be paid as preferred claims. The court held that such claimants were not entitled to preference, and George D. Little, Thomas W. Hodges, Bichard Williams, William B. Deming, J. E. Stebbins, and H. M. C. Skinner appeal.
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Appeal from special term, Jefferson county. Petition by Thomas H. Stryker and Edward Comstock, as receivers of the New York Locomotive Works, for instructions as to whether certain claims should be paid as preferred claims. The court held that such claimants were not entitled to preference, and George D. Little, Thomas W. Hodges, Bichard Williams, William B. Deming, J. E. Stebbins, and H. M. C. Skinner appeal. The respondents, Thomas H. Stryker and Edward Comstock, as receivers of the corporation, the New York Locomotive Works, applied by petition to the court for instructions as to whether…
1Opinion of the CourtMerwin, J.
The appellants claim that they are within the provisions of chapter 376, Laws 1885, which provides that:
“When a receiver of a corporation created or organized under the laws of this state and doing 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 shall be paid by the receiver from the moneys of such corporation which shall first come to his hands.”
The case of Short v. Medberry, 29 Hun, 39, is cited as controlling in…
2Cases cited4 opinions
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
- Wakefield v. . FargoNew York Court of Appeals · 1882
- South & North Alabama Railroad v. FalknerSupreme Court of Alabama · 1873
- Brown v. A, B, C Fence Co.New York Supreme Court · 1889
3Cited by8 opinions
- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
- Assignment of Pullis Bros. Iron Co. v. BoemlerMissouri Court of Appeals · 1901
- In re the Final Accounting of FitzgeraldNew York Supreme Court · 1896
- Palmer v. SantvoordAppellate Division of the Supreme Court of the State of New York · 1897
- People v. Beveridge Brewing Co.New York Supreme Court · 1895
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