In re Collin

S.D. New York

In re Collin

18 F. Supp. 848, 1937 U.S. Dist. LEXIS 1996

CourtDistrict Court, S.D. New York

DecidedMarch 20, 1937

StatusPublished

Cited by5 cases

This text of 18 F. Supp. 848 (In re Collin) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Collin, 18 F. Supp. 848, 1937 U.S. Dist. LEXIS 1996 (S.D.N.Y. 1937).

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Opinion

COXE, District Judge.

It is entirely clear from the record in this case that the claimant was a “traveling or city salesman” within the language of Bankr.Act, § 64b (5), as amended, 11 U.S.C.A. § 104 ,(b) (5). In re Dexter (C.C.A.) 158 F. 788; In re National Marble & Granite Co. (D.C.) 206 F. 185. And the mere fact that he did not devote his entire time to the bankrupt does not destroy his right to priority. In re Shapiro (D.C.) 300 F. 566. Neither was he a separate “contractor” as that term is generally understood. In re Rose, 1 A.B.R. 68; Matter of Moore, 45 A.B.R. 388.

The petition to review is sustained, and the claim granted priority.

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COXE, District Judge.

It is entirely clear from the record in this case that the claimant was a “traveling or city salesman” within the language of Bankr.Act, § 64b (5), as amended, 11 U.S.C.A. § 104 ,(b) (5). In re Dexter (C.C.A.) 158 F. 788; In re National Marble & Granite Co. (D.C.) 206 F. 185. And the mere fact that he did not devote his entire time to the bankrupt does not destroy his right to priority. In re Shapiro (D.C.) 300 F. 566. Neither was he a separate “contractor” as that term is generally understood. In re Rose, 1 A.B.R. 68; Matter of Moore, 45 A.B.R. 388.

The petition to review is sustained, and the claim granted priority.

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Bluebook (online)

18 F. Supp. 848, 1937 U.S. Dist. LEXIS 1996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-collin-nysd-1937.

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