Legal Opinion

In re All Star Feature Corp.

District Court, S.D. New York

Decided February 14, 1916PublishedCited by 5 opinions

In Bankruptcy. In the matter of the All Star Feature Corporation, bankrupt. On petition to review an order of the referee denying priority to the claim of Jane Klauber. The petitioner is the well-known actress going by the name of Jane Cowl, who entered into a contract with the bankrupt to perform as acffiess in a motion picture play entitled “The Garden of Lies.”

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In Bankruptcy. In the matter of the All Star Feature Corporation, bankrupt. On petition to review an order of the referee denying priority to the claim of Jane Klauber. The petitioner is the well-known actress going by the name of Jane Cowl, who entered into a contract with the bankrupt to perform as acffiess in a motion picture play entitled “The Garden of Lies.” She wa's' to receive $5,000, for four weeks’ engagement, beginning November 1, 1914, and ending not later than December 1, 1914. Besides acting, she was to furnish her own costumes. It was agreed that if necessary she shoüld give…

1Opinion of the Court

LEARNED HAND, District Judge.

It is a good deal easier to see that the petitioner is not entitled to a priority than to state any general rule which will be applicable in all cases. To succeed she must bring herself within the words “workman” or “servant.” Everyone who understands words knows that it is absurd to call an actress who can command $5,000 for a four weeks engagement a workman or a servant. The words are used in their colloquial sense. Re Gurewitz, 121 Fed. 982, 58 C. C. A. 320; Re Grubbs Wiley Grocery Co. (D. C.) 96 Fed. 183. And the word “servant” does not include all cases where…

2Cases cited5 opinions

  1. Noble State Bank v. HaskellSupreme Court of the United States · 1911
  2. In re GurewitzCourt of Appeals for the Second Circuit · 1903
  3. In re Grubbs-Wiley Grocery Co.District Court, W.D. Missouri · 1899
  4. In re CaldwellDistrict Court, E.D. Arkansas · 1908
  5. In re A. O. Brown & Co.District Court, S.D. New York · 1909

3Cited by5 opinions

  1. United States v. Joseph George ShermanCourt of Appeals for the Second Circuit · 1957
  2. People v. GassmanNew York Court of Appeals · 1946
  3. In Re Paradise Catering CorporationDistrict Court, S.D. New York · 1941
  4. In Re Saint Joseph's HospitalUnited States Bankruptcy Court, E.D. Pennsylvania · 1991
  5. Gyalpo v. Holbrook Development Corp.District Court, E.D. New York · 2017

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