In re Claim of Reade, 206 N.C. 331 (1934)

March 21, 1934 · Supreme Court of North Carolina
206 N.C. 331

In re Claim of THELMA C. READE.

(Filed 21 March, 1934.)

Receivers E b—

The claim for services rendered an individual is not entitled to a preference upon the individual’s insolvency and receivership, C. S., 1197, applying only to employees of an insolvent corporation.

Civil actiow, before McElroy, J., at November Term, 1933, of BUNCOMBE.

A receiver was appointed for the defendant in a civil action duly constituted in the Superior Court. Thereafter the wife of defendant filed a petition with the receiver to have allowed a claim of $363.05 for services rendered the defendant prior to the receivership and claiming a lien for said sum by virtue of C. S., 119?. The judge of the county court allowed the claim of the petitioner as a common creditor in the sum of $160.00. The judge of the Superior Court affirmed the judgment of the county court, and the claimant appealed.

John G. Gheesborough for claimant.

Franlc Walton for receiver.

*332Per Curiam.

Liens are created by statute except such as arise from the application of equitable principles. C. S., 1197, created a lien for certain employees of an insolvent corporation. The claimant was an employee of an individual and not of a corporation, and hence does not come within the provisions of the statute.

Affirmed.