In re Roth & Appel
District Court, S.D. New York
In the matter of Roth & Appel, bankrupts. Petition to review referee’s decision on motion to expunge claim of Adolph Boskowitz.
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In the matter of Roth & Appel, bankrupts. Petition to review referee’s decision on motion to expunge claim of Adolph Boskowitz. The following is the-opinion of Townsend, Referee: The bill of particulars prefixed to the proof of claim is as follows: “To rent due for the months of February, March, April, May, ' and June, 1908, of the fifth loft in premises Nos. 704-706 Broadway, New York City, at the rate of $250 per month.. $1,250 00 To deficiency of rent for the months of July, August, September, October, November, December, 1908, and January, 1909, at the rate of $75 per month. 525 00 Total…
1Opinion of the Court
HOUGH, District Judge.
The hopeless confusion produced by conflicting decisions on the subject under review requires an authoritative ruling, which this court cannot give. The matter should be promptly taken to the Circuit Court of Appeals, and settled, at least so far as this circuit is concerned. Therefore I shall do no more than briefly indicate what seems to me the reason of the matter, adding only that my view is supported especially by Watson v. Merrill, 14 Am. Bankr. Rep. 453, 136 Fed. 359, 69 C. C. A. 185, 69 L. R. A. 719.
It must be admitted (and is not denied by any party to this…
2Cases cited1 opinion
- Watson v. MerrillCourt of Appeals for the Eighth Circuit · 1905
3Cited by4 opinions
- Schneck v. LewisNew York Supreme Court · 1923
- In re Caloris Mfg. Co.District Court, E.D. Pennsylvania · 1910
- In re Gallacher Coal Co.District Court, N.D. Alabama · 1913
- In re HubbardDistrict Court, W.D. New York · 1932