Legal Opinion · Dissent

Clark v. Marjorie Michael, Inc.

Appellate Division of the Superior Court of California

Decided May 19, 1939No. Civ. A. No. 4157Published

1Dissent

S CHAUER, J., Dissenting.

I dissent. It is conceivable that cases may arise hereafter in which the legal aspects are entirely similar to those of the instant case but wherein the insolvent corporations do not possess assets enough to pay the preferred claims in full and wherein the officers and directors of such corporations shall file demands constituting the major portion of the claims for priority. If the foregoing ruling by the majority of this court is followed as a precedent in those eases it will operate substantially to impair for bona fide employees the benefits wisely intended to be…

2Cases cited4 opinions

  1. In re Grubbs-Wiley Grocery Co.District Court, W.D. Missouri · 1899
  2. In re Carolina Cooperage Co.District Court, E.D. North Carolina · 1899
  3. In re Boston French Range Co.District Court, D. Massachusetts · 1916
  4. Carpenter v. Policy Holders Life InsuranceCalifornia Supreme Court · 1937

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