Legal Opinion
In re Van Fleet
District Court, W.D. Pennsylvania
Decided February 21, 1933No. 17171Published
1Opinion of the Court
SCHOONMAKER, District Judge.
This ease came before the court on certificate to review an order of a referee disallowing an accelerated, preferential rent claim of Frank P. McCandless and Mabel McCandless.
The referee held the acceleration clause of the lease to be void, as against the bankrupt estate in the hands of the trustee, under authority of Kothe v. Taylor Trust, 280 U. S. 224, 50 S. Ct. 142, 74 L. Ed. 382; further, that the contract in the lease as to future rent is executory; and that, therefore, the only claim of the landlord in bankruptcy is a damage claim for breach of the contract…
Also in this document: Per curiam.
2Cases cited7 opinions
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
- Zavelo v. ReevesSupreme Court of the United States · 1913
- Kothe v. R. C. Taylor TrustSupreme Court of the United States · 1930
- Wheeler v. GreeneSupreme Court of the United States · 1929
- Wilson v. Pennsylvania Trust Co.Court of Appeals for the Third Circuit · 1902
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