Sangamon Loan & Trust Co. v. United Shoe Machinery Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Southern Division of the Southern District of¡ Illinois; Arthur L. San-born, Judge. In the matter of the Desnoyers Shoe Company, bankrupt. From an order allowing the claim of the United Shoe Machinery Company, the Sangamon Loan & Trust Company, trustee in bankruptcy, appeals.
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Appeal from the District Court of the United States for the Southern Division of the Southern District of¡ Illinois; Arthur L. San-born, Judge. In the matter of the Desnoyers Shoe Company, bankrupt. From an order allowing the claim of the United Shoe Machinery Company, the Sangamon Loan & Trust Company, trustee in bankruptcy, appeals. The bankrupt leased shoe machinery from the claimant under numerous leases dated on and after 1904. They contained, among others, the following provisions: “(1) The leased machinery shall at all times remain and be the sole and exclusive property of the lessor…
1Opinion of the CourtMack, Circuit Judge
(after stating the facts as above). [1] It has been held in numerous cases that bankruptcy does not create an anticipatory breach of a lessee’s obligation to pay rent for realty, that the leasehold estate is not thereby terminated, and that if the lease expressly provides for forfeiture or cancellation because of the bankruptcy, but conditions the cancellation on notice and re-entry, a claim arising only after and in the event of such cancellation is not provable in the bankruptcy proceedings because it is conditional at the time the petition is filed. In re Ells (C. C.) 98 Fed. 967; Watson…
2Cases cited12 opinions
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- Watson v. MerrillCourt of Appeals for the Eighth Circuit · 1905
- Colman Co. v. WithoftCourt of Appeals for the Ninth Circuit · 1912
- In re EllsDistrict Court, D. Massachusetts · 1900
- Slocum v. SolidayCourt of Appeals for the First Circuit · 1910
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3Cited by6 opinions
- Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
- Gas Power Machinery Co. v. Wisconsin Trust Co.Court of Appeals for the Seventh Circuit · 1916
- McDonnel v. WoodsCourt of Appeals for the First Circuit · 1924
- First Nat. Bank of Canton v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933
- Maybury v. Spinney-Maybury Co.Supreme Judicial Court of Maine · 1923
1 more not listed; retrieve them via the Exa API.