Holyoke Water Power Co. v. American Writing Paper Co.

WILSON, Circuit Judge.

The appellee seeks to reorganize under section 77B of the Bankruptcy Act (11 U. S.C.A. § 207). The appellant filed a petition in the bankruptcy court as an intervening creditor to determine the amount of a claim of the petitioner for rentals under perpetual leases by it to appellee’s predecessors in title of thirteen water power rights on the Connecticut river at Holyoke, Mass., entered into between 1880 and 1898 pursuant to certain proposals of sale which were incorporated in the leases.

In 1859 the Holyoke Water Company acquired the water power privileges on the…