Farmer v. First Trust Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. In the matter of the Milwaukee Motor Company, bankrupt; First Trust Company, trustee. Appeal by A. J. Farmer from an order disallowing his claim. Appellant Farmer, a mechanical engineer, was employed as superintendent of the bankrupt’s gas engine shops at Milwaukee.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin. In the matter of the Milwaukee Motor Company, bankrupt; First Trust Company, trustee. Appeal by A. J. Farmer from an order disallowing his claim. Appellant Farmer, a mechanical engineer, was employed as superintendent of the bankrupt’s gas engine shops at Milwaukee. After serving about two months in such capacity, a contract for a year’s service, beginning August 1, 1912, was entered into, under which Farmer was to superintend and manage the shops, devoting his entire time thereto, and to receive for…
1Opinion of the CourtAlschuler, Circuit Judge
(after stating the facts as above). [1] It is maintained for appellant one serving in a supervisory capacity is not so strictly accountable to the employer for his time as is a clerk or a workman, and that Farmer’s absence of two or three days without permission was not such a breach of the contract as warranted its termination. The legal proposition, as generally stated, is sustained by the authorities cited from Wisconsin, the state where this contract was made, as well as elsewhere. Moody v. Streissguth Clothing Co., 96 Wis. 202, 71 N. W. 99; Schumaker v. Heinemann et al., 99 Wis. 251, 74…
2Cases cited9 opinions
- Schumaker v. HeinemannWisconsin Supreme Court · 1898
- Von Heyne v. TompkinsSupreme Court of Minnesota · 1903
- Loos v. Geo. Walter Brewing Co.Wisconsin Supreme Court · 1911
- Carpenter Steel Co. v. NorcrossCourt of Appeals for the Sixth Circuit · 1913
- Thomas v. Beaver Dam Manufacturing Co.Wisconsin Supreme Court · 1914
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3Cited by15 opinions
- College Point Boat Corp. v. United StatesSupreme Court of the United States · 1925
- Craig v. ThompsonSupreme Court of Missouri · 1951
- Markus v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1944
- Flowers v. Abex Corp.District Court, N.D. Illinois · 1984
- Swilley v. Galveston, H. & S. A. Ry. Co.Court of Appeals of Texas · 1936
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