GEORGE WALSH AND ALFRED A. JOHNSON, AS TRUSTEES IN BANKRUPTCY OF LEE VINE'S WOODWORKING, INC., APPELLANTS,
v.
HYMEN LAKE, APPELLEE
Affirmed.
HORTON, C. J., and CARROLL, CHAS., J., concur.
PEARSON, J., dissents.
(dissenting)'.
This is an appeal from a summary final decree for the plaintiff in a suit to impress a- lien upon certain funds payable from a bankrupt insurance carrier to a trustee for a bankrupt corporation and an employee of that corporation. It is my view that in equity the funds were not the property of the bankrupt employer but belonged in good conscience to the injured workman because they were paid for the latter’s use and benefit. Therefore, the bankrupt employer could not contract to give any of the proceeds to a third party, since the former had no legal or equitable interest in the funds.
I would reverse.
PEARSON, Judge
(dissenting)'.
This is an appeal from a summary final decree for the plaintiff in a suit to impress a-lien upon certain funds payable from a bankrupt insurance carrier to a trustee for a bankrupt corporation and an employee of that corporation. It is my view that in equity the funds were not the property of the bankrupt employer but belonged in good conscience to the injured workman because they were paid for the latter’s use and benefit. Therefore, the bankrupt employer could not contract to give any of the proceeds to a third party, since the former had no legal or equitable interest in the funds.
I would reverse.
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McQUOWN v. Lakeland Window Cleaning Co., 136 So. 2d 370 (Fla. 2d DCA 1962)…ithin the directive of the statute, and it is not otherwise harsh, oppressive or unjust.” Standard Newspapers, Inc. v. Woods, Fla.1959, 110 So. 2d 397, held the pertinent statute constitutional. In Tasty Box Lunch Company v. Kennedy, Fla.App. 1960, 121 So. 2d 52, the court reversed a decree denying injunction where a former employee of Tasty Box had breached a non-competitive covenant signed three months after the original employment. In the latter case it had been urged defensively that the absence of a ne…
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