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Business Organizations Law

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University of Michigan Law School

Michigan Law Review

Journal

1948

New York

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Corporations-Insolvency-Corporate Officers As Preferred Wage Claimants, E. C.V. Greenwood Mar 1948

Corporations-Insolvency-Corporate Officers As Preferred Wage Claimants, E. C.V. Greenwood

Michigan Law Review

A closed corporation, soon after its formation, executed an assignment for the benefit of creditors. One of the large creditors objected to a preferred wage claim allowed by the assignee to a vice-president and director of the assignor, the officer who had in fact been instrumental in executing the assignment. The claim was for wages amounting to two hundred fifty dollars for alleged manual work for the assignor prior to the assignment and was granted by the assignee on the theory that preferential treatment was authorized by the New York debtor and creditor statutes. The applicable statute reads as follows: …