Mingin v. Alva Glass Manufacturing Co.
New Jersey Court of Chancery
On petition of receiver &c. The bill of complaint was filed on the 27th day of November, 1895, and has resulted in a decree that the defendant corporation is insolvent. A receiver has been appointed, he has realized upon all the assets of the corporation, and reports that he now has in hand the sum of $4,423.09, from proceeds of sales &c.
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On petition of receiver &c. The bill of complaint was filed on the 27th day of November, 1895, and has resulted in a decree that the defendant corporation is insolvent. A receiver has been appointed, he has realized upon all the assets of the corporation, and reports that he now has in hand the sum of $4,423.09, from proceeds of sales &c. Claims have been filed with the receiver as follows: By workmen, for wages.......................................§10,146 89 By apprentices, for wages held back....................... 358 20 By C. W. Shoemakex-, for salax-y........................... 2,068 39…
1Opinion of the Court
Grey, V. C.
As to the claims of the apprentices. The portion of their wages earned but held back has no greater equity than the unpaid portion of any other class of workmen’s wages. There is no assertion that the amount so held back exists in any specific and separate form held in custody for them; no trust fund has been created or held for these unpaid wages. They stand merely as a credit in favor of the apprentices, for which they have a right of action on breach of the contract by the company, as any other workmen may have under like circumstances.
I am referred to the case of Bedford v.…
2Cited by1 opinion
- Long v. Republic Varnish, C., Co.New Jersey Court of Chancery · 1933