In re Sawyer
New York Court of Common Pleas
Motion to confirm a referee’s report, disallowing a preference claimed by a .creditor of the assignors for wages, or salary earned by him as an employee of the assignors, prior to their assignment. The claimant, Gustav Muller, had been for upwards of five years, and was, at the time of the execution of the-assignment, an employee of the assignors.
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Motion to confirm a referee’s report, disallowing a preference claimed by a .creditor of the assignors for wages, or salary earned by him as an employee of the assignors, prior to their assignment. The claimant, Gustav Muller, had been for upwards of five years, and was, at the time of the execution of the-assignment, an employee of the assignors. His employment since May 1, 1-890, had been under a written contract, which provided that he should continue in charge • of what was known as “ the Petroleum Department ” of the assignor’s business for one year from May 1, 1890, and should receive a…
1Opinion of the CourtPryor, J.
Obviously, the percentage of profits was as essentially a portion of Muller’s “ wages ” or “ salary ” as-the five thousand dollars. Of this percentage the referee finds that, at the date of the assignment, Muller had earned $658.18. By the act of the assignors in terminating the contract, they prevented the contingency which might have made Muller’s percentage more, 'or less, or nothing, and fixed it at this sum. By the act of the. assignors in terminating the contract, which would have postponed payment till the end of the year, this sum instantly became due and payable, and is recoverable…
2Cases cited32 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Howard v. . DalyNew York Court of Appeals · 1875
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Perry v. . DickersonNew York Court of Appeals · 1881
- Wolfe v. . HowesNew York Court of Appeals · 1859
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