Legal Opinion

In re Gerrow

District Court, E.D. Pennsylvania

Decided June 29, 1916No. 4378Published

In Bankruptcy. In the matter of the bankruptcy of John Gerrow. On certificate of referee concerning claim for rent.

1Opinion of the Court

McPHERSON, Circuit Judge.

The bankrupt carried on business in a rented building. On April 11, 1912, when the creditors’ petition was filed, his goods on the premises had for several days at least been under levy by the sheriff. Moreover, on April 10 the landlords had distrained for rent upon the same goods, although, of course, the distraint was of no effect, as the property was then in the hands of the law.

[1] Nevertheless, the Pennsylvania act of 1836 (P. L. 777, § 83) preserved the priority of the claim (Longstreth v. Pennock, 20 Wall. [87 U. S.] 575, 22 L. Ed. 451; Re Gerson [D. C.] 8 Pa.…

2Cases cited4 opinions

  1. In re West Side Paper Co.Court of Appeals for the Third Circuit · 1908
  2. Longstreth v. PennockSupreme Court of the United States · 1875
  3. In re HaywardDistrict Court, E.D. Pennsylvania · 1904
  4. City of Birmingham v. Birmingham Waterworks Co.Court of Appeals for the Fifth Circuit · 1914

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