278 F. 995 | E.D.N.Y | 1922
Exceptions have been filed to the report of a special master, in so far as it disallows parts of various claims against the defendant herein.
The matter seems to have been considered settled in the courts of
This is accentuated by the provisions of the law of January 7, 1922, amending section 17 of the bankruptcy statute, so as to except from discharge “wages due to workmen, clerks, traveling or city salesmen, or servants.” But priority under the bankruptcy statute is limited to wages for a period of three months-. It is evident, therefore,' that this court cannot apply, under the general law of the state of New York, in an equity receivership, the language of the bankruptcy statute above quoted. The exceptions, therefore, must be overruled, and the report of the special master upheld.
With respect to the claim of John W. Gibbons, this claimant shows, neither in his claim, in the testimony taken before the special master, nor anywhere in these proceedings, what services he rendered. The special master has by clerical mistake referred to the testimony of another claimant in making his report, but because of the absence in Gibbons’ testimony and claim of any statement as to what work he did, the court cannot pass upon the claim without further hearing.
The claim of Gibbons, therefore, will be returned to the special master for hearing, unless the parties hereto stipulate as to the nature of the claim, so that it can be disposed of as a matter of law under the terms of this decision.