In re Breck
District Court, S.D. New York
In bankruptcy. Richard S. Roberts presented a petition to the court, setting forth that Breck & Schermerhorn [William P. Breck and William- B. Schermerhorn] were adjudged bankrupts on December 16th, 1873, on a voluntary petition; that, at the time of filing their petition, they were in possession, as tenants, of premises belonging to the petitioner, under a lease for nine months from May 1st, 1873, at a rent of $4,800 per annum, in which premises they carried on the business…
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In bankruptcy. Richard S. Roberts presented a petition to the court, setting forth that Breck & Schermerhorn [William P. Breck and William- B. Schermerhorn] were adjudged bankrupts on December 16th, 1873, on a voluntary petition; that, at the time of filing their petition, they were in possession, as tenants, of premises belonging to the petitioner, under a lease for nine months from May 1st, 1873, at a rent of $4,800 per annum, in which premises they carried on the business of sugar refiners; that the premises continued to be occupied by their machinery and goods, in charge and custody of…
1Opinion of the Court
BLATCHFORD, District Judge.
While I concur in the general principles stated by the register in his opinion in this matter, I do not concur in his application of them to the facts of this case or in his conclusion. The tenants had a right, as against the landlord, to remove the machinery, and the bankruptcy court had such right. But if, in such removal of the machinery, the building was injured, a claim would exist on the part of the landlord, both under the terms of the lease, and on general equitable principles, to be reimbursed the amount of such injury,' by the parties removing the…
2Cited by3 opinions
- In re JeffersonDistrict Court, D. Kentucky · 1899
- In re Inman & Co.District Court, N.D. Georgia · 1909
- In re Hays, Foster & Ward Co.District Court, W.D. Kentucky · 1902