Durand & Co. v. Howard & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. The complainants, citizens and residents of the state of New Jersey, filed a bill in the District Court for the Southern District of New York against the defendant, a corporation organized and existing under the laws of the state of New York.
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Appeal from the District Court of the United States for the Southern District of New York. The complainants, citizens and residents of the state of New Jersey, filed a bill in the District Court for the Southern District of New York against the defendant, a corporation organized and existing under the laws of the state of New York. The bill alleged that the defendant was engaged in business in New York City and that its assets were largely in excess of $100,000; that it owed approximately $140,000 to more than 150 creditors; that it did not have sufficient money to meet its obligations as…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The question which this cause presents is as to the right of a landlord to proceed against chancery receivers for the forfeiture of a lease because of default made by the lessee in the payment of rent, which lease has been adopted by the receivers appointed over the estate of the lessee. After the receivers notified the landlords, on March 4, 1914, that upon the authority of the court they had adopted the lease, they received a communication, also dated March 4, 1914, which read as follows:
“On behali of the lessors, we hereby return this notice on the…
2Cases cited20 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Booth v. ClarkSupreme Court of the United States · 1855
- Porter v. SabinSupreme Court of the United States · 1893
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Odell v. H. Batterman Co.Court of Appeals for the Second Circuit · 1915
- American Brake Shoe & Foundry Co. v. Interborough Rapid Transit Co.District Court, S.D. New York · 1935
- Field v. Kansas City Refining Co.Court of Appeals for the Eighth Circuit · 1925
- Warner v. Conn (Kopp)Supreme Court of Pennsylvania · 1943
- Landau v. VallenCourt of Appeals for the Second Circuit · 1990
12 more not listed; retrieve them via the Exa API.