General
William W. Mayer v. Edward M. Stern. In the Matter of the Petition of Henry J. Weixelbaum to Compel the Receiver to Pay His-Wages, etc., Appellant
22 A.D. 628·New York Supreme Court, Appellate Division·1897·NY
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Opinion
William W. Mayer v. Edward M. Stern. In the Matter of the Petition of Henry J. Weixelbaum to Compel the Receiver to Pay His-Wages, etc., Appellant.
Order reversed, with ten dollars costs and disbursements, and matter remitted to the court below for rehearing.—Appeal from order denying the' petitioner’s application to require the reeiver to his etc.
[MAJORITY — Per Curiam :]
Per Curiam :
The case of Palmer v. VanSantvoord (153 N. Y. 612) seems to hold that the -appellant is an employee within the stabute and entitled to a preference in respect to his wages» and as the motion below appears to have been disposed of entirely upon the assumption that the appellant was not entitled to such preference, we think the order should be reversed with ten dollars costs and disbursements, and the matter remitted to the court below for -a, rehearing. Present— Van Brunt, P. J., Barrett, Rumsey, Williams, and Patterson, JJ.