In Re Connecticut Co.
Court of Appeals for the Second Circuit
1ConcurrenceAugustus N. Hand, Circuit Judge
While it may make no difference in the final result whether the right of the claimant to prove for the period before October 31, 1935, and after that date to December 18, 1935, when the sublease was canceled, arose through subrogation, or through an assignment by the New York, New Haven & Hartford Railroad Company of rents accruing under the sublease, I cannot understand how any doctrine of subrogation is applicable to the situation. Nor can the claimant succeed on any theory of third party beneficiary such as was involved in Re Radio-KeithOrpheum Corp., 2 Cir., 91 F.2d 1004, and in Silver…
2Cases cited2 opinions
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
- Burnett v. Irving Trust Co.Court of Appeals for the Second Circuit · 1937