In re Pevear

19 F. Cas. 405

• Court: District Court, N.D. New York
• Decided: July 1, 1878
• Status: Published

Opinion

WALLACE. District Judge.

I cannot concur in the opinion of the register. The operative is entitled, under section 5101, to priority “for wages due to an amount not exceeding fifty dollars, for labor performed within six months next preceding the first publication of the notice of proceedings in bankruptcy.” Under the register’s construction, the operative is allowed priority, not for wages due for labor performed, but for damages for breach of contract in not permitting him to perform labor. The fact that his measure of damages under the circumstances is equivalent to his wages is not material. He has not performed labor, and he is not entitled to wages which are a compensation for labor.