Sproul v. Murray
Supreme Court of Pennsylvania
Appeal, No. 448, Jan. T., 1893, by J. W. Sproul, receiver of the Corry National Bank, from oz-der of C. P. Erie Co., Eeb. T., 1892, No. 427, confirming auditor’s report distributizzg fund realized by sheriff’s sale in Sproul v. Murray. Distribution of fund raised by sheriff’s sale.
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Appeal, No. 448, Jan. T., 1893, by J. W. Sproul, receiver of the Corry National Bank, from oz-der of C. P. Erie Co., Eeb. T., 1892, No. 427, confirming auditor’s report distributizzg fund realized by sheriff’s sale in Sproul v. Murray. Distribution of fund raised by sheriff’s sale. From the report of the auditor, F. M. McClintock, Esq., it appeared that James Carney and other wages claimants were employed by defendant as . tailors in a tailor shop connected with his merchant tailoring store. The fund for distribution was realized almost entirely by the sale of the goods in the stoz-e. Ozie…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The auditor and the court below have found that the tailor shop proper, where these claimants worked, and the merchant tailoring store, from the sale of which nearly all the fund was derived, were parts of the same business, carried on together as one, though in different rooms. We see no good reason to doubt the correctness of this conclusion, and the case therefore comes within the express words of the act of June 13, 1883, P. L. 117, that certain wages shall be first paid out of the proceeds of the sale of the business.
*296This disposes of the two points made, or…
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