Legal Opinion

Vane v. Newcombe

Supreme Court of the United States

Decided November 25, 1889No. 69PublishedCited by 46 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. On the filing of a bill in equity, in October, 1884, in the Circuit Court of the United States for the District of Indiana, by The Bankers ’ and Merchants ’ Telegraph Company of Indiana, an Indiana corporation, against The Bankers’ and Merchants’ Telegraph Company of New York, a New York corporation, praying for an accounting between the defendant and the plaintiff as to moneys due by the former…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. On the filing of a bill in equity, in October, 1884, in the Circuit Court of the United States for the District of Indiana, by The Bankers ’ and Merchants ’ Telegraph Company of Indiana, an Indiana corporation, against The Bankers’ and Merchants’ Telegraph Company of New York, a New York corporation, praying for an accounting between the defendant and the plaintiff as to moneys due by the former to the latter, and for a determination of the relative rights of the parties to certain telegraph lines and property in…

1Opinion of the CourtJustice Blatchford

It is contended for Vane that he has a lien under section 1 of the act of 1877. (Section 5286 of the Devised Statutes.) That section gives a first and prior lien upon the corporate property of any corporation doing business in Indiana, whether organized under the laws of that State or otherwise, and upon the' earnings of such corporation, to its employés, fbr all work and labor done and performed by them for the corporation, from the date of their, employment by it.

It seems clear to us that Vane was a contractor with the company, and not an employé within the meaning of the statute. We think…

2Cases cited3 opinions

  1. Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
  2. Wakefield v. . FargoNew York Court of Appeals · 1882
  3. Aikin v. . WassonNew York Court of Appeals · 1862

3Cited by46 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Louisville, Evansville & St. Louis Railroad v. WilsonSupreme Court of the United States · 1891
  3. Daniel v. SimmsWest Virginia Supreme Court · 1901
  4. Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
  5. Indianapolis Northern Traction Co. v. BrennanIndiana Supreme Court · 1909

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