Legal Opinion

McCann v. Evans

Court of Appeals for the Third Circuit

Decided February 11, 1911No. 1,435 (65)PublishedCited by 17 opinions

Appeal from the District Court of the United States for the Western District of Pennsylvania. Action by Frank McCann against Henry O. Evans, trustee in bankruptcy of the Boston Store. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

GRAY, Circuit Judge.

The Boston Store, the bankrupt, came into possession of certain premises occupied as a department store in the city of Pittsburg, under the terms of a tease made to its predecessor by the appellant, Frank.McCann, and with the consent of the said lessor.

Frank McCann, the landlord, issued a landlord’s warrant against the Boston Store January 7, 1908, for rental in arrears, including the-amount of taxes payable as rent. On January 15, 1908, the petition in bankruptcy in this case was filed, the levy being still in force. Frank McCann proved his claim for the full amount of…

2Cases cited4 opinions

  1. Latimer v. GroetzingerSupreme Court of Pennsylvania · 1891
  2. Evans v. Lincoln Co.Supreme Court of Pennsylvania · 1903
  3. Fernwood Masonic Hall Ass'n v. JonesSupreme Court of Pennsylvania · 1883
  4. Detwiler v. CoxSupreme Court of Pennsylvania · 1874

3Cited by17 opinions

  1. Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
  2. Britton v. Western Iowa Co.Court of Appeals for the Eighth Circuit · 1925
  3. In Re Mount Holly Paper Co.Court of Appeals for the Third Circuit · 1940
  4. Bennett's Estate v. SproulCourt of Appeals for the Third Circuit · 1930
  5. In re Spies-Alper Co.District Court, D. New Jersey · 1916

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