In re Caswell-Massey Co.
District Court, S.D. New York
In the matter of the Caswell-Massey Company, bankrupt. In re claim of the Lamson Consolidated Store Service Company. The following is the opinion of the referee in the Matter of the Kugler Syndicate, Bankrupt: This is a motion to reduce a claim filed by the Lamson Consolidated Store Service Company for $717.85 to $96. The Lamson Consolidated Store Service Company on August 2, 1899, entered into an agreement with the Kugler Syndicate by which the Lamson Company agreed to…
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In the matter of the Caswell-Massey Company, bankrupt. In re claim of the Lamson Consolidated Store Service Company. The following is the opinion of the referee in the Matter of the Kugler Syndicate, Bankrupt: This is a motion to reduce a claim filed by the Lamson Consolidated Store Service Company for $717.85 to $96. The Lamson Consolidated Store Service Company on August 2, 1899, entered into an agreement with the Kugler Syndicate by which the Lamson Company agreed to install in the Kugler Syndicate store an apparatus for conveying cash, parcels, and similar things from one part of the…
1Opinion of the Court
HOLT, District Judge.
I think that the rule governing the amount due for rent under an ordinary lease of real estate after eviction or surrender accepted by the landlord may not apply to a claim under a contract relating to the installation and use of a store service apparatus, like that which is the subject of this motion. Land is not substantially injured by its use, and on the termination of an ordinary lease of real estate the landlord takes back the land, in substantially its *573original condition. In the matter of the Kugler Syndicate, which was before me as referee some years ago, in which…
2Cited by2 opinions
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- In re Miller Bros. Grocery Co.District Court, N.D. Ohio · 1913