38 N.J. Eq. 433 | New York Court of Chancery | 1884
The petitioner claims a lien under the sixty-third section of the act concerning corporations, upon the assets of the North River Construction Company (an insolvent corporation) for work done by him in superintending for that company certain work (grading for the tracks &c. of the New York, West Shore and Buffalo Railroad Company), and for money advanced by him to pay the wages of the workmen employed by him as agent for the construction company in the matter, to do the work. All the work in question was done in November and December, 1883. The work was stopped by the construction company (for want of funds) December 30th, 1883. On January 12th following, the company was, on proceedings in insolvency in this court, declared insolvent and a receiver appointed. The petition states that the amount paid to the laborers by the petitioner for work in November, was $2,562,32, and that it was paid December 20th; and that the amount paid by him to them for wages for work done in December was $3,346.92, and that it was paid January 9th, 1884. It appears by the petition that he was under no obligation to pay these moneys. He was merely a superintendent of the work, and in employing the workmen acted only as the agent of the company. He says he paid the money in the expectation that the company would immediately refund it fo him, and that he paid it in ignorance of the financial condition of the company, out of a desire to befriend the workmen, and because he sup