Legal Opinion

In re the General Assignment for the Benefit of Creditors of Pat Rooney Produce Co.

New York Supreme Court

Decided September 30, 1940PublishedCited by 1 opinion

1Opinion of the CourtSteuer, J.

This is an application by assignees for the benefit of creditors to expunge a claim filed with them. The claim is based on a contract for the leasing of two trucks to the assignor. It consists of two parts, one for rent of the trucks accrued prior to the date of the assignment and there is no objection to this part of the claim; the other is for damages for the balance of the term of the lease. It is calculated by crediting the lessor with the rentals for the unexpired portion and then deducting his calculation of what the expenses would be.

It appears that pursuant to section 13 of the Debtor…

2Cases cited1 opinion

  1. In re Louis Friedman & Brother, Inc.New York Supreme Court · 1933

3Cited by1 opinion

  1. In re the Assignment for the Benefit of Creditors of Anderson's Farm Service, Inc., New York County Courts1949

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