In re McIntire
District Court, N.D. West Virginia
In Bankruptcy. On petition for revision filed by Herman Fouse. On February 3, 1900, J. M. Jackson and J. M. Jackson, Jr., the owners, leased the Hotel Monroe, in Parkersburg, W. Va., to S. H. Biddle for a term of five years, beginning March 1, 1900, and terminating February 28, 1905. One of the stipulations of this lease prohibited Biddle from assigning, transferring, underletting to, or taking into partnership, any other without the consent of the Jacksons, their heirs, or…
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In Bankruptcy. On petition for revision filed by Herman Fouse. On February 3, 1900, J. M. Jackson and J. M. Jackson, Jr., the owners, leased the Hotel Monroe, in Parkersburg, W. Va., to S. H. Biddle for a term of five years, beginning March 1, 1900, and terminating February 28, 1905. One of the stipulations of this lease prohibited Biddle from assigning, transferring, underletting to, or taking into partnership, any other without the consent of the Jacksons, their heirs, or representatives in writing. On July 1, 1901, a modification was made in writing, fixing the rent payable at $180 per…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). This case as presented upon the original hearing before the referee did not, in my judgment, involve much difficulty. It was clearly determinable under sections 7 to 15, inclusive, of chapter 93 of the Code of West Virginia (1899), which expressly create a lien for rent and constitute the procedure for its recovery. Section 11 provides:
“The distress may be levied on any goods -of the lessee, or his assignee or under tenant, found on the premises, or which may have been removed therefrom not more than thirty days. If the goods of such lessee, assignee, or…
2Cases cited15 opinions
- Schroeder v. YoungSupreme Court of the United States · 1896
- Norfolk & W. R. v. PerdueWest Virginia Supreme Court · 1895
- Dunfee v. ChildsWest Virginia Supreme Court · 1898
- Bates v. SwigerWest Virginia Supreme Court · 1895
- Nichols v. Heirs of NicholsWest Virginia Supreme Court · 1875
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3Cited by5 opinions
- State Ex Rel. Payne v. WaldenWest Virginia Supreme Court · 1972
- Martin v. OrgainCourt of Appeals for the Fifth Circuit · 1909
- Dingess-Rum Coal Co. v. Draper Eagle Coal Co.West Virginia Supreme Court · 1929
- Maryman v. DreyfusSupreme Court of Arkansas · 1915
- In re Guaranty Trust Co.District Court, D. Oregon · 1938