United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Emory, 314 U.S. 423 (1941)

United States v. Emory

No. 33

Argued November 10, 1941

Decided December 15, 1941

314 U.S. 423

Syllabus

1. The priority established by R.S. § 3466 for debts due to the United States in cases in which "an act of bankruptcy is committed" is applicable where, upon a creditor's petition, a receiver has been appointed to liquidate the assets of an insolvent corporation. P. 314 U. S. 426.

2. The purpose of R.S. § 3466 is to secure adequate public revenues to sustain the public burden, and it is to be construed liberally in order to effectuate that purpose. P. 314 U. S. 426.

3. In an equity receivership proceeding in a state court, a claim of the United States arising under the National Housing Act is entitled, under R.S. § 3466, to priority over claims for wages. P. 314 U. S. 426.

4. The right of the United States to priority in such case is not affected by state law, nor by § 64a of the Bankruptcy Act; nor is it inconsistent with the National Housing Act. Pp. 314 U. S. 427-429.

143 S.W.2d 318 reversed.

Certiorari, 313 U.S. 552, to review a judgment denying a claim of the United States to priority. The judgment of the state court of first instance was affirmed by the Springfield Court of Appeals, and the Supreme Court of Missouri denied a petition for certiorari.

Page 314 U. S. 424