Keyes

Keyes v. Davie

Good Law
145 C.C.A. 574·231 F. 688·1916 U.S. App. LEXIS 1693
United States Court of Appeals for the Ninth CircuitMarch 27, 1916No. 2717California950 words

Opinion

lead Opinion

Hunt, J.

The bankrupt, a corporation, was engaged in the manufacture and sale of lumber and shingles. It employed *689 approximately 220 men. W. C. Davie, appellee here, was the corporation’s general manager, employed at a salary of $300 per month. The corporation was adjudged a voluntary bankrupt on September 24, 1914. At that time there was due to Davie, as the balance of his salary earned within the six months next prior thereto, the sum of $587.55. For this amount he filed a claim in this proceeding, asserting a lien and priority therefor under and by virtue of the laws of the state of Washington, To this claim, in so far as it asserted a lien and priority, the trustee objected, for the reason that the claim did not state facts sufficient to entitle the claimant thereto. The referee over ■ ruled the objections. The District Court affirmed the referee’s order. Thereupon this appeal was perfected.

[ 1 ] The question is whether appellee is entitled to a lien and priority under and by virtue of the statutes of the state of Washington. We think it very clear that he was not. Section 1149, Rem. & Bal. Annot. Codes and Statutes of Washington (Laws 1897, c. 43, § 1), reads as…

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