Shropshire, Woodliff & Co. v. Bush
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts are stated in the opinion. The right of priority in a wage claim is a right which attaches to the debt, and not to the person or the original creditor; and the right passes by assignment to the assignee. Trust Co. v. Walker, 107 U. S. 596; Burnham v. Bowen, 111 U. S. 776; Railroad Co. v. Lamont, 16 C. C. A. 364; S. C., 69 Fed.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts are stated in the opinion. The right of priority in a wage claim is a right which attaches to the debt, and not to the person or the original creditor; and the right passes by assignment to the assignee. Trust Co. v. Walker, 107 U. S. 596; Burnham v. Bowen, 111 U. S. 776; Railroad Co. v. Lamont, 16 C. C. A. 364; S. C., 69 Fed. Rep. 23; Mcllhenny v. Binz, 80 Texas,’!. The words of a statute are to be taken in their natural and ordinary sense and without any forced construction to extend their meaning. Applying this…
1Opinion of the CourtJustice Moody
The appellees are trustees of the bankrupt estate of the Southern Car and Foundry Company. The appellants, before the commencement of the proceedings in bankruptcy, ácquired by purchase and assignment a large number of claims for wages of workmen and servants, none exceeding S300 in amount, and all earned within three months before the date of the commencement of the proceedings in bankruptcy. The District Court for the Eastern District of Tennessee rendered a judgment disallowing priority to these claims, because, when filed, they were not “due to workmen, clerks or servants.”
On appeal to…
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- In Re Missionary Baptist Foundation of America, Inc., Debtors, Robert B. Wilson, Trustee v. Brooks Supermarket, Inc.Court of Appeals for the Fifth Circuit · 1982
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