In re Mayer
District Court, E.D. Wisconsin
In Bankruptcy. On claim tiled by Peter Khepero for $99.98, as entitled to priority in payment as wages due under section (M-b of the bankrupt act, which was allowed by the referee as an indebtedness, but disallowed for priority, and the question thereupon certified for the opinion of the district judge.
1Opinion of the Court
SEAMAN, District Judge.
The testimony of the claimant is not clear, and is far from satisfactory, either as to the terms or the fact of his service, but the referee gives to the claimant the benefit of the most favorable construction the testimony will bear, namely, that the bankrupt promised to pay him absolutely $5 per week for services, and to further pay a commission of 5 per cent, on the amount of all sales made by him; that he was not engaged in selling goods over the counter in the store, but any commissions were earned outside the store in hunting up purchasers of goods. The fixed…
2Cases cited4 opinions
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- Conlee Lumber Co. v. Ripon Lumber & Manufacturing Co.Wisconsin Supreme Court · 1886
- In re GreenewaldDistrict Court, E.D. Pennsylvania · 1900
- In re ScanlanDistrict Court, D. Kentucky · 1899
3Cited by3 opinions
- In re CaldwellDistrict Court, E.D. Arkansas · 1908
- In re Footville Condensed Milk Co.District Court, W.D. Wisconsin · 1916
- In re Crawford Wollen Co.District Court, N.D. West Virginia · 1915