147 F. 752 (E.D.Mo. 1906), 899, In re St. Louis Ice Mfg. & Storage Co.

Docket Nº:899.
Citation:147 F. 752
Case Date:July 05, 1906
Court:United States District Courts, 8th Circuit, Eastern District of Missouri

Page 752

147 F. 752 (E.D.Mo. 1906)


No. 899.

United States District Court, E.D. Missouri, Eastern Division.

July 5, 1906

The following are the facts as certified by the referee:

On December 1, 1905, J.

W. Floyd presented to the referee for allowance against the bankrupt estate a claim in the sum of $559.02. The facts out of which said claim arose are as follows: On July 20, 1905, claimant paid to bankrupt the sum of $559.02, and took bankrupt's not therefor, dated on said day, and payable to the order of claimant one day after date, with interest from date at the rate of 6 per cent, per annum. At the time said money was paid to bankrupt by claimant, it was agreed that bankrupt should use part of the money, to wit, the sum of $419.80, to pay the wages then due to its employes for labor performed by them between July 5, and July 19, 1905, and that upon payment to the said employes of the respective amounts due them, they would severally assign to claimant the amount of the debt due them from bankrupt for wages, and that said debts so assigned to claimant by said employes, should be held by claimant as collateral security for the debt due it by bankrupt, amounting to $559.02, and evidenced by note before referred to. Bankrupt, upon receiving said sum of $559.02 from claimant, paid to its employes out of said money the sum of $419.80, being the amount of wages due said employes for services performed as workmen, clerks, or servants, within three months before the date of the commencement of proceedings in bankruptcy; and said employes, upon receiving the sums due them, severally executed a written assignment to claimant of the several sums so paid them.

Upon the foregoing facts, claimant contended that he was entitled, under the terms of section 64b, par. 4, Bankr. Act, July 1, 1898, c. 541, 30 Stat. 563 (U.S. Comp. St. 1901, p. 3447), to have part of his claim, to wit, said sum of $419.80, allowed as a preferred claim for wages. The referee denied the request of claimant to have the claim so allowed, and on December 1, 1905, made an order, allowing the entire claim as an ordinary unsecured debt in the sum of $559.02.

Geo. R. Lockwood, for claimant.

Alexander Young, for trustee.

FINKELNBURG, District Judge (after stating the facts).

Referring to the statement of facts contained in the referee's report and the...

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