McKee v. Paradise, 299 U.S. 119 (1936)

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Author: U.S. Supreme Court

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McKee v. Paradise, 299 U.S. 119 (1936)

McKee v. Paradise


Nos. 4 and 5


Argued October 12, 1936
Decided December 7, 1938
299 U.S. 119

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

1. An agreement whereby an employer undertook to make specified deductions from the wages of its employees as they accrued and to pay over the amounts deducted to a welfare association maintained on their behalf, held to have created the relation of debtor and creditor between the employer and the association as to amounts which the employer had charged to the employees and credited to the association but had not paid over to the association as the agreement contemplated nor placed in any special fund. P. 121.

2. Upon the bankruptcy of an employer owing money under an agreement of this kind, held that the mere failure to pay as stipulated afforded no round for fastening a constructive trust upon the bankrupt’s general assets in favor of the association. P. 122.

80 F. 2d 478, reversed. District Court affirmed.

Certiorari, 298 U.S. 647, to review the reversal of an order disallowing a preferential claim in a bankruptcy case. Two appeals were taken to the Circuit Court of Appeals, one under § 47 and the other under § 48, Title 11, U.S.C., these resulting in two decrees of that court, to review which two writs of certiorari were granted here.

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Chicago: U.S. Supreme Court, "Syllabus," McKee v. Paradise, 299 U.S. 119 (1936) in 299 U.S. 119 299 U.S. 120. Original Sources, accessed December 6, 2022, http://www.originalsources.com/Document.aspx?DocID=KZYXY6A4GYT6N4S.

MLA: U.S. Supreme Court. "Syllabus." McKee v. Paradise, 299 U.S. 119 (1936), in 299 U.S. 119, page 299 U.S. 120. Original Sources. 6 Dec. 2022. http://www.originalsources.com/Document.aspx?DocID=KZYXY6A4GYT6N4S.

Harvard: U.S. Supreme Court, 'Syllabus' in McKee v. Paradise, 299 U.S. 119 (1936). cited in 1936, 299 U.S. 119, pp.299 U.S. 120. Original Sources, retrieved 6 December 2022, from http://www.originalsources.com/Document.aspx?DocID=KZYXY6A4GYT6N4S.