In re Fink

J. B. McPHERSON, District Judge.

The question for decision is whether the referee, Edward E. Hoffman, Esq., erred in deciding that the claimant, who was a traveling salesman employed by the bankrupt and was paid solely by commission on his sales, was entitled to priority for the amount thus earned during the three months preceding the filing of the petition. Or, to state the question in other words: Was the claimant’s compensation “wages,” within the meaning of section 64b (4) of the bankruptcy act (Act July 1, 1898, c. 341, 30 Stat. 568 [U. S. Comp. St. 1901, p. 3447]). The Supreme Court of…