Rosenblum v. Uber
Court of Appeals for the Third Circuit
Petition to Review and Revise an Order of the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. In the matter of the B. M. Stern Company, bankrupt. Petition by Samuel Rosenblum against William J. Uber, trustee, to review and revise an order of the District Court of the United States for the Western District of Pennsylvania sustaining findings of the referee.
1Opinion of the Court
WOOLLEY, Circuit Judge.
This petition raises two questions of law on an agreed state of facts. The first question is; Whether a landlord, who had at the time of filing the petition in bankruptcy a landlord’s lien or the right to distrain upon goods and chattels on premises demised to the bankrupt, and who had not accepted a surrender of the lease subsequently tendered by the Trustee, is entitled under section 64b, cl. 5, of the Bankruptcy Act July 1, 1898, c. 541, 30 Stat. 563 (Comp. St. § 9648), to priority of payment of rent in ar-rear (not exceeding one year) out of the proceeds of the sale…
2Cases cited16 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Bank v. ShermanSupreme Court of the United States · 1880
- Auer v. PennSupreme Court of Pennsylvania · 1882
- Longstreth v. PennockSupreme Court of the United States · 1875
- Bindseil v. Liberty Trust Co.Court of Appeals for the Third Circuit · 1917
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
- In re Newkirk Mining Co.District Court, E.D. Pennsylvania · 1964
- Burns Trading Co. v. WelbornCourt of Appeals for the Tenth Circuit · 1936
- In Re Mount Holly Paper Co.Court of Appeals for the Third Circuit · 1940
- In Re Uni-Lab, Inc., Bankrupt, York & Foster, Inc.Court of Appeals for the Third Circuit · 1960
20 more not listed; retrieve them via the Exa API.