Dayton Hydraulic Co. v. Felsenthall
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Ohio. The question for decision involves the right of the Dayton Hydraulic Company, as lessor of a certain leasehold estate, to be paid the rentals which have accrued thereon since the appointment of a receiver for the lessee, the Columbia Straw Paper Company. The material facts are as follows: The Columbia Straw Paper Company is a corporation organized in 1892 under the laws of New Jersey.
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Appeal from the Circuit Court of the United States for the Southern District of Ohio. The question for decision involves the right of the Dayton Hydraulic Company, as lessor of a certain leasehold estate, to be paid the rentals which have accrued thereon since the appointment of a receiver for the lessee, the Columbia Straw Paper Company. The material facts are as follows: The Columbia Straw Paper Company is a corporation organized in 1892 under the laws of New Jersey. It purchased, during that year, 39 independent mills operating in western states, and closed down 9 of them on acquiring…
1Opinion of the CourtBurton, Circuit Judge
The learned trial judge denied all relief to the lessor because he was of opinion that the receiver had neither adopted the lease, and thereby assumed the burden of the lessee's covenants, nor made the receivership responsible for the reasonable value of the rentals accruing after the receivership, because he had never, in fact, taken actual possession of the premises.
A receiver appointed by a court of equity does not become the assignee of a leasehold merely because he is placed in possession of such a term. Such a receiver is the mere custodian of the court, and no change of title occurs by…
2Cases cited13 opinions
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- Sparhawk v. YerkesSupreme Court of the United States · 1891
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Sunflower Oil Co. v. WilsonSupreme Court of the United States · 1892
- Gaither v. StockbridgeCourt of Appeals of Maryland · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- American Anthracite & Bituminous Coal Corp. v. Leonardo Arrivabene, S.A., Tramp Tankers Corporation of Liberia and Estate of Hector C. DracoulisCourt of Appeals for the Second Circuit · 1960
- Matter of Fred Sanders Co.United States Bankruptcy Court, E.D. Michigan · 1982
- Broadcast Corp. of Georgia v. BroadfootDistrict Court, N.D. Georgia · 1985
- In Re United Cigar Stores Co.Court of Appeals for the Second Circuit · 1934
- National Bank of Kentucky v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1933
33 more not listed; retrieve them via the Exa API.