In re Mullings Clothing Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the District of Connecticut. In the matter of the bankruptcy of the Mullings Clothing Company. From an order (230 Fed. 681) dismissing the petition of John B. Mul-lings for a review of the rulings of the referee, petitioner appeals. This cause comes here on appeal from a decree of the United States District Court for the District of Connecticut.
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Appeal from the District Court of the United States for the District of Connecticut. In the matter of the bankruptcy of the Mullings Clothing Company. From an order (230 Fed. 681) dismissing the petition of John B. Mul-lings for a review of the rulings of the referee, petitioner appeals. This cause comes here on appeal from a decree of the United States District Court for the District of Connecticut. The -Mullings Clothing Company is a Connecticut corporation, and on December 30, 1914, filed a voluntary petition in bankruptcy, and on the same day was adjudicated a bankrupt. A trustee of the…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The question for this scourt to determine is whether a lessor has a provable claim in bankruptcy when the corporation to which he has leased votes to wind up and dissolve and secures the appointment of a receiver in proceedings for dissolution who has repudiated the lease prior to the beginning of the term and prior to the proceedings in bankruptcy.
The claimant, John B. Mullings, was the owner of a building in the city of Waterbury, in the state of Connecticut. On July 25, 1913, Mullings entered into a contract of lease with the Mul-lings Clothing Company…
2Cases cited30 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- In Re Watts and SachsSupreme Court of the United States · 1903
- Zavelo v. ReevesSupreme Court of the United States · 1913
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
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3Cited by56 opinions
- In Re All Media Properties, Inc.United States Bankruptcy Court, S.D. Texas · 1980
- Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
- Ralph v. DeileySupreme Court of Pennsylvania · 1928
- In Re BarnettCourt of Appeals for the Second Circuit · 1926
- Wyoming-Indiana Oil & Gas Co. v. WestonWyoming Supreme Court · 1932
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