United States v. Munro-Van Helms Company, Inc., Bankrupt

RIVES,

Circuit Judge (dissenting).

Agreeing with the views expressed by the learned district judge,11 respectfully dissent. Wages can be “earned” only by virtue of a contract, express or implied, between the employer and employee. Wages may be, and ordinarily are, earned before they become “due,” that is before the employee has a right to demand payment, but they are not earned before they accrue, that is before the obligation to pay under the contract of employment attaches to the employer.

Under the usual contract wages are “earned” when the service is rendered, but whether that be true or not…