Empress Theatre Co. v. Horton
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Nebraska;'Joseph W. Woodrough, Judge. Petition by W. A. Horton, as trustee in bankruptcy, against the Empress Theatre Company, to restrain it from taking possession of leased premises under the terms of the lease. From a decree granting the injunction prayed for, the Empress Theatre Company appeals.
Read the full summary
Appeal from the District Court of the United States for the District of Nebraska;'Joseph W. Woodrough, Judge. Petition by W. A. Horton, as trustee in bankruptcy, against the Empress Theatre Company, to restrain it from taking possession of leased premises under the terms of the lease. From a decree granting the injunction prayed for, the Empress Theatre Company appeals. This appeal challenges a decree in equity against a lessor, the respondent below, upon the petition and at the instance of the trustee in bankruptcy of the estate of the lessee, which, in the absence of any mistake or…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [ 1 ] If a lessor, for a gross consideration received by him at the time the lease is made, leases the valuable basement of a city building for a specific use free of subsequent rent for 15 years on the condition that in case of the insolvency or bankruptcy of the lessee, the term of the lease shall, at ,the election of the lessor, then terminate, the lease shall be forfeited, the lessor may take, and the lessee will deliver back to him, immediate possession of the leased premises, and no right, title, or interest shall pass to the trustee in bankruptcy of…
2Cases cited24 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- Glocke v. GlockeWisconsin Supreme Court · 1902
19 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Finn v. MeighanSupreme Court of the United States · 1945
- Schokbeton Industries, Inc. v. Schokbeton Products Corp.Court of Appeals for the Fifth Circuit · 1972
- Waukegan Times Theatre Corp. v. ConradAppellate Court of Illinois · 1945
- Urban Investment & Development Co. v. Maurice L. Rothschild & Co.Appellate Court of Illinois · 1975
- In The Matter Of Schokbeton Industries, Inc.Court of Appeals for the Fifth Circuit · 1972
11 more not listed; retrieve them via the Exa API.