In re Footville Condensed Milk Co.
District Court, W.D. Wisconsin
In Bankruptcy. Jn the matter of the bankruptcy of the Footville Condensed Milk Company. The claim of Charles Demerow was allowed by the referee as a preferential claim owing to a clerk, servant, or workman, etc. In the matter of the bankruptcy of the Valeria Condensed Milk Company. The claim of Phillip Meister was allowed as preferential because owing to a clerk, servant, or workman, etc. Proceedings to review the allowance of such claims.
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In Bankruptcy. Jn the matter of the bankruptcy of the Footville Condensed Milk Company. The claim of Charles Demerow was allowed by the referee as a preferential claim owing to a clerk, servant, or workman, etc. In the matter of the bankruptcy of the Valeria Condensed Milk Company. The claim of Phillip Meister was allowed as preferential because owing to a clerk, servant, or workman, etc. Proceedings to review the allowance of such claims. These matters were argued together, Demerow filing a claim against the bankrupt Footville Condensed Milk Company for $144; Meister against the bankrupt…
1Opinion of the CourtGeiger, District Judge
(after stating the facts as above)'. Section 64b, subd. 4, of the Bankruptcy Act grants a priority of payment to “Wages due to workmen, clerks, or servants,” etc., of a bankrupt. As above indicated, the only question is whether these claimants were workmen or servants of the bankrupts, entitled to the ■preferential treatment accorded by the statute. Obviously, elementary definitions of these terms cannot be very helpful. That a laborer is one who labors, a workman one who works, or, as Bouvier puts it, “one who is employed in some business for another,” are truisms just as applicable to…
2Cases cited7 opinions
- Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- In re Crown Point Brush Co.District Court, N.D. New York · 1912
- In re GurewitzCourt of Appeals for the Second Circuit · 1903
- Campfield v. LangU.S. Circuit Court for the District of Eastern Wisconsin · 1885
- In re MayerDistrict Court, E.D. Wisconsin · 1900
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3Cited by3 opinions
- In Re Saint Joseph's HospitalUnited States Bankruptcy Court, E.D. Pennsylvania · 1991
- In re AgeloffDistrict Court, S.D. New York · 1939
- In re QuackenbushDistrict Court, D. New Jersey · 1919