5 N.Y.S. 95 | N.Y. Sup. Ct. | 1889
By the two affidavits made in support of the motion it appeared that the appellant had been employed to assist the general manager of the company in keeping its books, and to clean the office and show-room of the company, and assist in putting together, taking apart, and shipping the wire wicket fence and weaving machines, at the salary or wages of $40 a month, payable in four installments of $10 each, and that these services had been performed by the appellant until there became due to him therefor the sum of $325.97. In the affidavit of the president of the company, used to oppose the motion, it was stated that the services rendered by the appellant were those of a book-keeper and general clerk. But from the other affidavits it may reasonably be inferred that the applicant was employed in the manner substantially stated by him, and rendered the services which he has mentioned. In that respect the difference between his own affidavit and that of the manager of the business, and the affidavit of the president, is not very important; for, by the affidavit of the latter, he appears to have rendered some services in addition to those of book-keeper and general clerk. The court, after hearing the motion, denied it, without drawing any distinction or difference between the statements of these three affidavits. And whether the denial is supported by the law depends more upon the construction which is to be given to chapter 376 of the Laws of 1885 than on a critical construction of the affidavits. This chapter has declared that the receiver of a corporation created or organized under the laws of this state, and doing business here other than insurance and that of moneyed corporations, shall prefer and pay from the moneys which shall first come to his hands the wages of the employés, operatives, and laborers thereof. The application for this payment, made on behalf of the appellant, seems to have been denied on the ground that his case