Page:Federal Reporter, 1st Series, Volume 4.djvu/83

 m EB WELLS. 69 �John M. Kennedy, for assignee. �Thomas C. Lazear, for Pomeroy. �AcHEsoN, D. J. Thomas Pomeroy claims to be paid in full, out of the estate of the bankrupt, $19.95, being a balance due him for wages of labor. There are a number of claims in ail respects similar; and,, as the determination of onewill practically dispose of ail, the case deservescareful considera- tion. The facts are as follbws : �George W. Wells filed a petition for his adjudication as a bankrupt on Pebruary 22, 1878, but, before anything further was done in the case, submitted to his creditors a proposition for a composition, viz.: to pay them 50 per cent, of their claims in instalments, to be evidenced by his promissory notes, the first payable in six months af ter the recording of the resolution ^ccepting the proposition. The creditors, at a meeting held April 8, 1878, accepted the proposition, and the composition was confirmed by the court on August 3, 1878. Wells was a glass-manufacturer, his assets consisting princi- pally oï his glass-works and stock in trade. After his com- position was confirmed, he resumed his business as a glass manufacturer, and employed Thomas Pomeroy as an opera" tive. Wells made default in paying the first instalment of his composition, and thereupon, on the petition of himself and the larger part of his creditors, the court set aside the composition, and the proceedings in bankruptcy were re- sumed by an order in the terms following, to-wit : " Compo- sition set aside and bankruptcy resumed, saving ail rights attached meantime." . �During the time the composition was in force Wells sold glass which he had in stock when his original petition was filed, and manufactured other glass, some of which was on hand when the composition was set aside ; but at that time the stock on hand was less in (juantity than when the original petition was filed. The wages of Thomas Pomeroy, in ques- tion, were earned at the glass-works while the composition was in force. Wells was adjudged a bankrupt on August 22, 1879. His assignee took possession of, and converted into money, the bankrupt's stock of glass, etc., on hand when tha ����