Legal Opinion
In re Louis Friedman & Brother, Inc.
New York Supreme Court
Decided December 15, 1933PublishedCited by 3 opinions
1Opinion of the CourtCallahan, J.
The principal question for determination is whether the lessor of the assignor is entitled to the allowance of its claim against the assigned estate to the extent of $10,538.33, being the amount of the rentals for the unexpired term of the lease less the sums collected from the assignee while in possession closing up the estate. As far as the evidence discloses there has been no re-entry by the landlord who claims for future rents under the lease. Deducting the landlord’s claim from those of the other creditors the assets are insufficient to pay a substantial dividend even to those creditors.
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2Cases cited12 opinions
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
- Underhill v. . CollinsNew York Court of Appeals · 1892
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
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3Cited by3 opinions
- In re the Assignment for the Benefit of Creditors of Anderson's Farm Service, Inc., New York County Courts1949
- In re the General Assignment for the Benefit of Creditors of Pat Rooney Produce Co.New York Supreme Court · 1940
- In re GlasserAppellate Division of the Supreme Court of the State of New York · 1935