In Re the Assignment for the Benefit of Creditors of Wright Metal, Inc.

New York Court of Appeals

In Re the Assignment for the Benefit of Creditors of Wright Metal, Inc.

27 N.E.2d 428, 283 N.Y. 47, 1940 N.Y. LEXIS 946

CourtNew York Court of Appeals

DecidedApril 23, 1940

StatusPublished

Cited by2 cases

This text of 27 N.E.2d 428 (In Re the Assignment for the Benefit of Creditors of Wright Metal, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re the Assignment for the Benefit of Creditors of Wright Metal, Inc., 27 N.E.2d 428, 283 N.Y. 47, 1940 N.Y. LEXIS 946 (N.Y. 1940).

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Opinion

*49 Per Curiam.

Except in the situations provided for in the “ New York State Labor Relations Act ” contained in article 20 of the Labor Law (Cons. Laws, ch. 31), an “employee” in the sense of the statute “ means a mechanic, workingman or laborer working for another for hire” (§ 2, subd. 5). Emil N. Johnson, superintendent of the factory of the assignor-corporation, was not such an employee and was not entitled to be paid wages in accordance with section 196 of the statute. Hence, it was error to surcharge the appellant with the amount of Johnson’s claim ($1,531).

The orders should be modified in accordance with this opinion and, as so modified, affirmed, without costs.

Lehman, Ch. J., Loughran, Finch, Rippey and Conway, JJ., concur; Sears and Lewis, JJ., taking no part.

Ordered accordingly.

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*49 Per Curiam.

Except in the situations provided for in the “ New York State Labor Relations Act ” contained in article 20 of the Labor Law (Cons. Laws, ch. 31), an “employee” in the sense of the statute “ means a mechanic, workingman or laborer working for another for hire” (§ 2, subd. 5). Emil N. Johnson, superintendent of the factory of the assignor-corporation, was not such an employee and was not entitled to be paid wages in accordance with section 196 of the statute. Hence, it was error to surcharge the appellant with the amount of Johnson’s claim ($1,531).

The orders should be modified in accordance with this opinion and, as so modified, affirmed, without costs.

Lehman, Ch. J., Loughran, Finch, Rippey and Conway, JJ., concur; Sears and Lewis, JJ., taking no part.

Ordered accordingly.

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27 N.E.2d 428, 283 N.Y. 47, 1940 N.Y. LEXIS 946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-assignment-for-the-benefit-of-creditors-of-wright-metal-inc-ny-1940.

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