Richeson v. National Bank
Supreme Court of Arkansas
Appeal from Polk 'Chancery Court; W. H. Collins, Special Chancellor; The claim to priority for wages was not defeated by the assignment of the account. 19 Am. & Eng. Ene. of L. 2d Ed. 25; 2 Id. 1052, note Laborers’ Liens; 18 Wall. 659; 104 Cal. io; 36 Me. 384; 54 Miss. 286; 60 Ala. 448; 83 Ala. 266; 1 Jones on Liens, ¶ 990; Id. § 991; 37 Ark.- 511; 71 Me. 113; 36 Am.
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Appeal from Polk 'Chancery Court; W. H. Collins, Special Chancellor; The claim to priority for wages was not defeated by the assignment of the account. 19 Am. & Eng. Ene. of L. 2d Ed. 25; 2 Id. 1052, note Laborers’ Liens; 18 Wall. 659; 104 Cal. io; 36 Me. 384; 54 Miss. 286; 60 Ala. 448; 83 Ala. 266; 1 Jones on Liens, ¶ 990; Id. § 991; 37 Ark.- 511; 71 Me. 113; 36 Am. Rep. 299; 31 Me. 134; 4 Cyc. 72; 107 U. S. 596; 111 U. S. 776; 25 Cyc. 678. The lien was personal, and could not be assigned. 27 Ark. 564. The statute is intended as a protection to the laborer who actually does the work, and to…
1Opinion of the CourtMcCulloch, C. J.
The question involved in this appeal is whether or not the right of an employee of an insolvent corporation to have his claim for wages or salary paid in preference to the claims of general creditors of such corporation is assignable before it is filed and the preference fixed by the order of the court. The statute conferring the preference right reads as follows:
“Sec. 949. No preferences shall be allowed among the creditors of insolvent corporations, except for the wages and salaries of laborers and employees.
“Sec. 950. Any creditor or stockholder of any insolvent corporation may institute…
2Cases cited4 opinions
- Roberts v. JacksSupreme Court of Arkansas · 1876
- Varner v. RiceSupreme Court of Arkansas · 1882
- Nolen v. RoystonSupreme Court of Arkansas · 1880
- Dano v. M. O. & R. R. R. R.Supreme Court of Arkansas · 1872
3Cited by2 opinions
- Southern Railway Co. v. BretzIndiana Supreme Court · 1914
- Wrought Iron Range Co. v. BellSupreme Court of Arkansas · 1935