In re Campbell
| Decision Date | 07 July 1900 |
| Citation | 102 F. 686 |
| Parties | In re CAMPBELL. |
| Court | U.S. District Court — Eastern District of Wisconsin |
Julius E. Roehr, for claimant.
Nickerson, Roemer & Aarons, for trustee.
Section 64b, Bankr. Act, clearly provides that debts of the character stated shall have priority, and the only question is whether they can be so allowed in favor of an assignee. A provision of like effect under the act of 1867 was construed by Judge Blatchford to authorize such allowance (In re Brown, 4 Ben. 142, Fed. Cas. No. 1,974), and I have observed no ruling otherwise under that act. Counsel for the trustee relies upon the decision of Judge Lochren in Re Westlund (D.C.) 99 F. 399, as ruling contra for the purposes of the present case. That decision is predicated, however, on the fact that the assignment in question was made prior to the filing of the petition, and the wages were not, therefore, due to the workmen at the commencement of the proceedings. Whether such interpretation is correct requires no consideration here, for the reason that the referee certifies (as the undisputed proofs show) that these claims were assigned after the bankruptcy proceedings were commenced. I am of opinion that the claims are entitled to priority in the hands of the assignee, and should be so allowed.
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In re Bennett
...question to the Supreme Court of the United States for decision. 27 Sup.Ct. 178, 204 U.S. 186, 51 L.Ed. . . . . In the case of In re Campbell (D.C.) 102 F. 686, it was held the right to priority might be assigned after the filing of the petition in bankruptcy. The decisions as to whether th......
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In re Fuller & Bennett
... ... 'No ... right to priority arises or exists until the proceeding in ... bankruptcy is instituted, and then the wages assigned are ... not 'due to workmen, clerks or servants,' but to ... their assignees, and are outside the language of this ... In ... Re Campbell (D.C.) 102 F. 686, the laborers' claims ... were assigned after commencement of bankruptcy proceeding, ... and the case on this ground is distinguished from In re ... Westlund, supra, and the priority allowed ... In ... Re North Carolina Car Co. (D.C.) 127 F. 178, Purnell, ... J., ... ...