Howard v. Chicago Title & Trust Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Landis, Judge. In the matter of the United Motor Chicago Company, bankrupt; the Chicago Title & Trust Company, Trustee.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Landis, Judge. In the matter of the United Motor Chicago Company, bankrupt; the Chicago Title & Trust Company, Trustee. From an order denying a lien, Harold A. Howard and John C. Howard, trustees under the will of Sarah J. Howard, deceased, appeal. , This appeal is from an order of the District Court in bankruptcy-proceedings denying the appellants’ petition to establish a lien on funds in the hands of the trustee in bankruptcy. The claim of lien rests on unpaid rent,…
1Opinion of the Court
SEAMAN, Circuit Judge.
The rent,for which the appellants claim a lien under their statutory proceedings for its enforcement accrued under a written lease between the appellants and the bankrupt, bearing date December 10, 1909, containing no provision for a lien in any form to secure payment of rentals, and thus the claim rests exclusively on the relation of landlord and tenant thereunder, as governed by the provisions of chapter 80, Revised Statutes of Illinois, for creation of the alleged lien for unpaid rent. It is obvious, therefore, that the ruling of this court in the bankruptc}'' case…
2Cases cited13 opinions
- Henderson v. MayerSupreme Court of the United States · 1912
- In re West Side Paper Co.Court of Appeals for the Third Circuit · 1908
- Morgan v. CampbellSupreme Court of the United States · 1875
- First National Bank of Joliet v. AdamIllinois Supreme Court · 1891
- Wade v. HalliganIllinois Supreme Court · 1855
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3Cited by3 opinions
- Chicago Title & Trust Co. v. Central Trust Co.Court of Appeals for the Seventh Circuit · 1917
- In re ChambersDistrict Court, N.D. Iowa · 1919
- Topinka v. Borden Co.Appellate Court of Illinois · 1959