Mazari Cecil Thurmon, Bankrupt-Appellant v. Curtis L. Mann, Trustee-Appellee

JOHNSEN, Senior Circuit Judge.

Appellant is a bankrupt wage-earner. She had accrued vacation pay of $763.40 at the time of her bankruptcy, which could not under the terms of her employment be drawn by her except for vacation leave or upon employment termination. The Referee held the funds to be “property” under § 70(a) (5) of the Bankruptcy Act, 11 U.S.C. § 110(a) (5), of which the Trustee was entitled to possession. He gave judgment against the bankrupt for their amount, as a means of enabling the Trustee to obtain possession through garnishment of her employer. The employer paid the funds…