Klein v. W. A. Gavenesch Co.
New Jersey Court of Chancery
On appeal from the refusal of the receiver to allow.a claim on behalf of Albert I. Drayton. The rejected claim was for $2,535 for rent of the stores known as Eos. 548 and 550 Newark avenue, Jersey City, with.frame stable in the rear, from February 1st, 1902; to May 1st, 1905, at $780 a year, according to the terms of a lease made between the parties on the 21st of April, 1900, and a supplement thereto.
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On appeal from the refusal of the receiver to allow.a claim on behalf of Albert I. Drayton. The rejected claim was for $2,535 for rent of the stores known as Eos. 548 and 550 Newark avenue, Jersey City, with.frame stable in the rear, from February 1st, 1902; to May 1st, 1905, at $780 a year, according to the terms of a lease made between the parties on the 21st of April, 1900, and a supplement thereto. The lease in question lets the premises to the insolvent corporation for five years from the 1st day of May, 1900, at the yearly rental of $720, which, by a supplement, was increased to $780,…
1Opinion of the Court
Pitktet, Y. C.
If I properly understand, the report of the case of Stockton v. Mechanics Bank, 5 Stew. Eq. 163, the question presented by this appeal is res judicata in this court. That was a suit to wind up a savings bank, and the receiver asked the direction of the chancellor as to several matters which arose in the course of the administration of the estate, and the questions were argued before him by the receiver himself and by counsel for the creditors of the estate. One of the matters submitted was this: Whether the rent on a lease of a store, &e., the term under which had not expired…
2Cases cited12 opinions
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- Glenny v. LangdonSupreme Court of the United States · 1878
- Sparhawk v. YerkesSupreme Court of the United States · 1891
- Sunflower Oil Co. v. WilsonSupreme Court of the United States · 1892
- Underhill v. . CollinsNew York Court of Appeals · 1892
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3Cited by4 opinions
- Usher v. the Sarco Co. of N.J.New Jersey Court of Chancery · 1927
- Nelkin v. Carencon, Inc.New Jersey Court of Chancery · 1931
- Wendt v. Bergen Savings BankNew Jersey Court of Chancery · 1942
- Bloch v. Bell Furniture Co.New Jersey Court of Chancery · 1931