Wintermote

Wintermote v. MacLafferty

Good Law
147 C.C.A. 165·233 F. 95·1916 U.S. App. LEXIS 2438
United States Court of Appeals for the Ninth CircuitMay 1, 1916No. 2718California418 words

Opinion

lead Opinion

Hunt, J.

Blumauer Lumber Company was declared a voluntary bankrupt on October 3, 1914. At that time there was owing to MacLafferty, the appellee, $1,477.78, balance of salary for six months next prior to October 3, 1914. He filed his claim, asserting a lien and priority under the laws of the state of Washington.

Sections 1149, 1150, and 1153, Remington & Ballinger’s Annotated Codes and Statutes of Washington (Laws 1897, c. 43, §§ 1, 2, 5). The trustee objected, hut the referee overruled the objections and allowed the claim. On review the action of the referee was affirmed, and thereafter appeal was taken to this court.

The evidence in support of the finding of the referee is that the bankrupt was a lumber manufacturing company doing an extensive business; that claimant was secretary, general manager, and superintendent thereof, with a salary of $300 a month; that although he was secretary of the bankrupt company, and had been a shareholder, *96 he was not a stockholder during the time for which he claimed a priority of payment; that his services extended to’supervision, including' much detail in overseeing and directing the operations of the office work and of the mill, repairing and…

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