Legal Opinion

Oldden v. Tonto Realty Corporation

Court of Appeals for the Second Circuit

Decided May 17, 1944No. 282PublishedCited by 80 opinions

1Opinion of the Court

CLARK, Circuit Judge.

When the bankrupt, B. Westermann Company, Inc., filed its bankruptcy petition on March 5, 1942, the Tonto Realty Corporation, although itself only a lessee from the owner of the fee, was landlord of certain space on premises 18-20 West 48th Street, New York City, under a lease with the bankrupt expiring January 31, 1948. By the time of the bankruptcy the rental had' become, by adjustment, $22,769.95 per year and there was owing the sum of $4,-904.38 in back rent. This latter sum, however, included rent for the month of March; and since the trustee in bankruptcy occupied…

2Cases cited37 opinions

  1. Roehm v. HorstSupreme Court of the United States · 1900
  2. Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
  3. Kuehner v. Irving Trust Co.Supreme Court of the United States · 1937
  4. Brown v. O'KEEFESupreme Court of the United States · 1937
  5. Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934

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3Cited by80 opinions

  1. In Re Joseph A. Vause and Virgie L. Vause, Debtors. Joseph A. Vause and Virgie L. Vause v. Capital Poly Bag, Inc.Court of Appeals for the Sixth Circuit · 1989
  2. S & W Holding Company v. Julius Kuriansky, Trustee, in the Matter of W. L. Boffa, Inc., BankruptCourt of Appeals for the Second Circuit · 1963
  3. In Re Atlantic Container Corp.United States Bankruptcy Court, N.D. Illinois · 1991
  4. Kuske v. McSheridan (In Re McSheridan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  5. In the Matter of the Plywood Company of Pennsylvania, the Plywood Company of Pennsylvania, DebtorCourt of Appeals for the Third Circuit · 1970

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