78 So. 974 | La. | 1918
The receiver herein having filed the account of his administration, the Whitney Central National Bank, as assignee of the claim of George N. and Robert N. Templeman, filed opposition to same, asking to be placed on same as privilege creditor, and Louis Ward on a claim of his own did the same; and these opponents have appealed from a judgment recognizing them as only ordinary creditors.
The claims'are for salaries. George Templeman was general manager. As such he superintended generally the operations of the company. Robert was foreman of the lumber yard and planing mill. Ward was supervisor of construction and draughtsman.
The privilege is claimed under article 3252, C. C., which accords a privilege to debts due for
“4. The wages of servants.
“5. The salaries of secretaries, clerks and other agents of that kind.”
In Stevens v. Sawyer, 3 La. Ann. 428, it was held that the scope of this article does not extend to the editors, reporters, printers,
The dominating idea of the other decisions hereinabove referred to is that privileges are stricti juris, and that the employes there named are not clerks, secretaries, or other agents of that kind, within the ordinary meaning of those terms. And we must now hold the same of the kinds of employes in ■question in the present ease. While the secretary of a corporation sometimes exercises the functions of manager (Hastings v. Brooklyn L. Ins. Co., 138 N. Y. 473, 34 N. E. 289; Hannover Nat. Bank v. American Dock Co., 75 Hun, 55, 26 N. Y. Supp. 1055), and, conversely, the manager may fulfill the duties of secretary; still, as ordinarily understood, the manager is not clerk or secretary, and the clerk or secretary is not manager. Nor is the foreman of the yard either clerk or secretary. Nor, strictly speaking, is a supervisor of construction such.
Judgment affirmed.