McErlain, Tr. v. Taylor

John C. Rummel & Son made an assignment to E. J. McErlain, as trustee for the benefit of their creditors. Appellee was an employee and creditor for his services as a “manual and mechanical laborer.” He filed a claim under §3 of the Acts of 1885, p. 36, §9342, Burns 1926, §40-110, Burns 1933, which provides for a preference against other creditors in favor of “manual or mechanical laborers” for the full amount due. Other employees of the assignors filed claims, claiming a preference in their favor as employees to the extent of $50.00, under the Act of 1879, p. 153, as amended by the Acts of…