Legal Opinion

In the Matter of the ARBYCRAFT CO. Debtor. Appeal of Bornot DEHON, Creditor

Court of Appeals for the Third Circuit

Decided March 27, 1961No. 13370_1PublishedCited by 14 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

This is an appeal from the reversal by the District Court of the Order of the Referee in Bankruptcy allowing as an administration expense of the Receivers a bill for repairs to a boiler on the premises leased to the debtor, and occupied by it at the time during the pendency of a Chapter XI, 11 U.S.C.A. § 701 et seq., proceeding.

The Referee, in his Opinion, based his disposition on his conclusion of law that the tenant was liable for the repairs under the terms of the lease and his finding that the “tenant” in his capacity as agent for the Receivers in the conduct of…

2Cases cited3 opinions

  1. Matter of Willis C. Pioch, Bankrupt, Willis C. PiochCourt of Appeals for the Third Circuit · 1956
  2. In the Matter of Henry Kaufhold, Bankrupt. W. Louis Schlesinger, Trustee of the Estate of Henry Kaufhold, a Bankrupt and Forest R. TaylorCourt of Appeals for the Third Circuit · 1958
  3. Charles E. Hoppe, Trustee of the Estate of Los Gatos Lumber Products, Inc., Bankrupt v. Emmet L. RittenhouseCourt of Appeals for the Ninth Circuit · 1960

3Cited by14 opinions

  1. M. W. O'rieley, Trustee in Bankruptcy of Woerderhoff Shoe Co., Inc. v. Endicott-Johnson CorporationCourt of Appeals for the Eighth Circuit · 1961
  2. Potucek v. Cordeleria LourdesCourt of Appeals for the Tenth Circuit · 1962
  3. Union Bank v. Allen Blum and Sam BaileyCourt of Appeals for the Ninth Circuit · 1972
  4. In Re Hardwick & Magee CompanyDistrict Court, E.D. Pennsylvania · 1973
  5. In Re Calpa Products CompanyDistrict Court, E.D. Pennsylvania · 1965

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