Van Laningham v. Chicago, Milwaukee & St. Paul Railway Co.
Van Laningham v. Chicago, Milwaukee & St. Paul Railway Co.
Opinion of the Court
On June 15, 1912, one A. A. Smith, a married man, entered the employ of the Chicago, Milwaukee & St. Paul Railway Company as brakeman, the contract of employment being in writing. At the time of his employment he was informed by the employing officer of the railway company of a rule requiring that employees should have and carry a watch of the standard fixed by the chief inspector. It is also shown to be a rule and practice of the company that when an employee has not a standard watch, and is compelled to buy one, and is without means with which to make the purchase, that the company protects the seller, and from the wages earned by the employee, upon notice of such sale and assignment of wages to meet the purchase, pays the obligation thus incurred; and this practice is based upon an agreement between the railway company and the seller that such will be done. July 30th, following his employment, in the purchase of a standard watch by the employee Smith, he executed and delivered to A. M. Church, from whom it was bought, an assignment of his wages in the total amount of $47, payable in installments, the first, for $11, being payable August 25th, and three other installments of $12 each being payable monthly, on the 25th day of the following months.
II. Of the questions raised by this appeal we consider first that which relates to the effect of the watch order as an assignment. It is the claim of the appellee that it was an assignment of his wages by Smith, and that such was of no validity because not signed and acknowledged by his wife as required by section 3047, Code Supplement. Upon the trial it was conceded that at the time of the employment of Smith he was instructed to procure a standard watch, such as was required by the rules of the company, and that he might execute a watch order to a watch inspector of the company in payment for such.
In Steltzer v. C., M. & St. P. Ry., supra, a case where the effect of board orders was considered, although it does not appear that the employee was married, this court passed as not necessary to be then determined the question whether such orders or contract should be designated as assignments, or as contracts under which the defendant had the right to ■pay the debts of the employee. We go directly to the question stated. It is not an unreasonable rule that a railway company may require of its employees those things which tend to the safety of its property and of its passengers. It may require as a condition of the employment that its servant shall provide himself with that which is an aid in securing such safety; and it may obligate itself and be bound by such obligation to pay for that which is furnished to the employee for such purpose, securing itself in proper way for the indebtedness thus
The object of the statute relied upon by the appellee is to protect the wife of the employee against dissipation of his wages for purposes other than first for family support. But the right of the employee Smith, to earn wages as a servant of the railway company, in the first instance depended upon his agreement to comply with its rules, among which was that as to furnishing himself with a watch. The promise and obligation to procure the watch was a part of the consideration of his employment, and, having assigned his wages to meet the indebtedness incurred in furnishing that consideration, other unaccepted claims against the pledged fund, even though based upon an assignment under the statute, had not the right to priority against it. The compliance with such rule may well be considered and treated as that which entered into the equipment of the company in the discharge of its service to the public, and we are of opinion that an order against wages to meet that particular purchase or indebtedness, accepted in payment of it by the employer so inhered in the contract of employment as to be a part of it; and to the extent that his earnings may be needed to meet it the exemption right cannot be claimed by the wife or by those claiming under assignment by her and her husband. The question is not unlike in principle to that arising under a claim for a purchase-money lien.
III. The record shows without dispute that as between the claims of the appellee based upon the assignment of husband and wife, and the accepted watch order, the latter was prior in point of time; and as we hold the signature and acknowledgment of the wife was not necessary to give validity' to the watch order, it must be held to have precedence over the assignment of the appellee. The right of Smith to his wages had been reduced to that extent, and his assignee, the appellee took no greater rights than he had. Metcalf v. Kincaid, 87 Iowa, 443; Brewing Co. v. Hansen, 104 Iowa, 307.
V. It is unnecessary to determine the question as to whether filing appellee’s claim with a clerk in the depot was a sufficient notice of it, for the reason that the conclusion reached in the second division of this opinion is decisive of the case on its merits. The judgment of the trial court is Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.