Blessing

Blessing v. Blanchard

Good Law
138 C.C.A. 399·223 F. 35·1915 U.S. App. LEXIS 1697
United States Court of Appeals for the Ninth CircuitMay 10, 1915No. 2530California1,131 words

Opinion

lead Opinion

Gilbert, J.

This is a petition to revise the judgment of the District Court in allowing priority to claims of two employés of the bankrupt. Blanchard was allowed a priority of $145.20, and Winn was allowed a priority of $245; the said sums being the balance due them respectively on their salaries earned within three months prior to the filing of the petition in bankruptcy. ' The bankrupt was engaged in buying, selling, and repairing automobiles. Blanchard was the general manager of the bankrupt, at a salary of $300 per month. .As general manager, he had authority to hire and discharge men, and to superintend the salesmen, and he himself worked in the capacity of a salesman. He had the general control and direction of the workmen in the employment of the bankrupt in all its departments. He was not an officer, director, or stockholder of the bankrupt. Winn was the superintendent of the shop. He had authority to hire and discharge the men in his department, but was subject to the control and direction of Blanchard. He did the same kind of. work in the shop as did the men who worked under him, in repairing automobiles and general shop work.

[1] The petitioner claims that neither Blanchard nor…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.