Legal Opinion

Matter of Stryker

New York Court of Appeals

Decided April 18, 1899PublishedCited by 52 opinions

Appeal from an order of the late Géheral Term of the Supreme Court in the fourth judicial department, entered September 27, 1898, affirming an order of Special Term directing the receivers of the New York Locomotive Works not to pay as preferred claims, and not to treat as claims for wages, the claims of certain employees. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the late Géheral Term of the Supreme Court in the fourth judicial department, entered September 27, 1898, affirming an order of Special Term directing the receivers of the New York Locomotive Works not to pay as preferred claims, and not to treat as claims for wages, the claims of certain employees. The facts, so far as material, are stated in the opinion. The claims of the employees accrued under chapter 376 of the Laws of 1885, and should be preferred. (Palmer v. Van Santvoord, 153 N. Y. 612; People v. Remington, 45 Hun, 329; People v. B. B. Co., 91 Hun, 313; Brown…

1Opinion of the Court

The courts below have determined, by the order appealed from, that four different and distinct claims presented to the receivers were not entitled to the preference provided by chapter 376 of the Laws of 1885. One of the claims was presented by a clerk and bookkeeper who had been employed in the office of the corporation at a salary of $100 a month, payable at the end of each month. Another by the superintendent of the corporation who had been employed at a salary of $125 a month. Another by a draftsman employed in the office of the corporation at a salary of $125 a month, and the other claim…

2Cases cited3 opinions

  1. Palmer v. . Van SantvoordNew York Court of Appeals · 1897
  2. Wakefield v. . FargoNew York Court of Appeals · 1882
  3. Bristor v. . SmithNew York Court of Appeals · 1899

3Cited by52 opinions

  1. Claim of Bowne v. S. W. Bowne Co.New York Court of Appeals · 1917
  2. People v. GouldingMichigan Supreme Court · 1936
  3. Austin v. City of New YorkNew York Court of Appeals · 1932
  4. First Nat. Bank v. EwingCourt of Appeals for the Fifth Circuit · 1900
  5. Massie v. CessnaIllinois Supreme Court · 1909

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