Lamson Consol. Store Service Co. v. Bowland
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern District of Ohio. This is an appeal from a judgment disallowing a claim filed by the appellant against the estate of a bankrupt firm doing business as George G. Moler' & Son.
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Appeal from the District Court of the United States for the Southern District of Ohio. This is an appeal from a judgment disallowing a claim filed by the appellant against the estate of a bankrupt firm doing business as George G. Moler' & Son. From the facts certified by the referee to the court below, it appears: (1) That the appellant constructed a store service apparatus in the store of the bankrupts under an agreement by which the bankrupts agreed to use same for a term of five years, and to pay “an annual rental in equal quarter-yearly installments, in advance, upon the first days of…
1Opinion of the CourtLurton, Circuit Judge
What are the rights of the lessor of this store service apparatus in respect to rents which had not accrued when the petition in bankruptcy was filed against the lessee company? The lessors invoke the third clause of the lease contract, which provides that, “if any installment of said rental shall remain unpaid for sixty days after it becomes due, the entire rental to the end of the lease shall become at once due and payable.” It is entirely competent to contract that the consequence of a default in the payment of an installment of interest for the use of money, or of rent for the use of…
2Cases cited6 opinions
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- Hall v. . GouldNew York Court of Appeals · 1855
- Prout v. RobySupreme Court of the United States · 1872
- Connor v. BradleySupreme Court of the United States · 1843
- Smith v. WhitbeckOhio Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Watson v. MerrillCourt of Appeals for the Eighth Circuit · 1905
- Pan-American Petroleum Transp. Co. v. Robins Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1922
- Manson v. DaytonCourt of Appeals for the Eighth Circuit · 1907
- Shepard Realty Co. v. United Shoe Stores Co.Supreme Court of Louisiana · 1939
- Frank Nero Auto Lease, Inc. v. TownsendOhio Court of Appeals · 1979
16 more not listed; retrieve them via the Exa API.