American Brake Shoe & Foundry Co. v. New York Rys. Co.
District Court, S.D. New York
In Equity. Receivership suit by the American Brake Shoe & Foundry Company against the New York Railways Company. On petition by the receiver for instructions. Petition of receiver for instructions in respect of the renewal of certain leases.
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In Equity. Receivership suit by the American Brake Shoe & Foundry Company against the New York Railways Company. On petition by the receiver for instructions. Petition of receiver for instructions in respect of the renewal of certain leases. The subject-matter was referred to a special master, who has advised that the receiver may notify the lessee of his disaffirmance of agreements for renewal and of any covenants of the lessor to furnish heat, electric current, etc., subsequent to April 30, 1920, and of his intention to retake possession of the premises, after the lapse of such time as may…
1Opinion of the Court
MAYER, Circuit Judge.
[1] So far as concerns the construction of the leases, the case, though in equity, should be determined by local law. In Orr v. Doubleday, Page & Co., 223 N. Y. 334, 119 N. E. 552, 1 A. L. R. 338, the Court of Appeals adopted a principle not in accord with some authorities; but Judge Collin’s opinion is convincing, and announced a doctrine which, it seems to me, is sound both as matter of law and wise from a business standpoint and is applicable to this case.
In the case at bar, there was a present demise, the legal consequences of which are not affected by the executory…
2Cases cited1 opinion
- Orr v. . Doubleday, Page Co.New York Court of Appeals · 1918
3Cited by14 opinions
- Group of Institutional Investors v. Chicago, M., St. P. & P.R. Co., and 9 Other CasesSupreme Court of the United States · 1943
- Hassett v. Revlon, Inc. (In Re O. P. M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
- In the Matter of James Minges, Debtor. Control Data Corporation v. Steven Zelman, Trustee-AppelleeCourt of Appeals for the Second Circuit · 1979
- Consolidated Gas Electric Light &. Power Co. v. United Railways & Electric Co.Court of Appeals for the Fourth Circuit · 1936
- In Re Stable Mews Associates, Inc.United States Bankruptcy Court, S.D. New York · 1984
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