Assignment of Pullis Bros. Iron Co. v. Boemler
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court — Hon. Selden P. Spencer, Judge. STATEMENT OE THE CASE. Respondent was superintendent of Pullis Bros. Iron Company, which made an assignment on the twenty-fifth day of March, 1896, to Henry Boemler, for the benefit of its creditors. It owed respondent, at the time, five hundred and sixteen dollars and five cents for salary or wages, which sum was allowed by the assignee in May, 1896, as a general demand.
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Appeal from St. Louis City Circuit Court — Hon. Selden P. Spencer, Judge. STATEMENT OE THE CASE. Respondent was superintendent of Pullis Bros. Iron Company, which made an assignment on the twenty-fifth day of March, 1896, to Henry Boemler, for the benefit of its creditors. It owed respondent, at the time, five hundred and sixteen dollars and five cents for salary or wages, which sum was allowed by the assignee in May, 1896, as a general demand. In April, 1891, respondent presented a petition to the circuit court of the city of St. Louis, where the assignment proceedings were pending, praying…
1Opinion of the CourtGoode, J.
— We have read many cases bearing on the question whether respondent’s demand falls within the scope and purpose of the statute according priority of payment to the wages of employees or operatives of insolvent corporations, and find a great weight of authority on the negative side. Similar statutes, awarding preference to wages over other debts, or giving some superior right to laborers and wage-earners, have been frequently construed; and while the courts have experienced some difficulty in defining with precision the classes of service which such legislation is designed to prefer in…
2Cases cited12 opinions
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
- Matter of StrykerNew York Court of Appeals · 1899
- Wakefield v. . FargoNew York Court of Appeals · 1882
- Coffin v. . ReynoldsNew York Court of Appeals · 1868
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3Cited by5 opinions
- Alldritt v. Kansas Centennial Global Exposition, Inc.Supreme Court of Kansas · 1962
- Carpenter v. Policy Holders Life InsuranceCalifornia Supreme Court · 1937
- Koppen v. Union Iron & Foundry Co.Missouri Court of Appeals · 1914
- Van Frank v. St. Louis, Cape Girardeau & Ft. Smith Railway Co.Missouri Court of Appeals · 1902
- Carpenter v. Policy Holders Life InsuranceCalifornia Supreme Court · 1937