Legal Opinion

In re Chestney Restaurant, Inc.

District Court, S.D. New York

Decided March 17, 1938PublishedCited by 1 opinion

1Opinion of the Court

CAFFEY, District Judge.

There are three questions to be passed on: (1) Is the claimant (city of New York) entitled to priority? (2) Is the claimant entitled to interest on $600 (the amount in which its claim has been allowed) ? (3) If so, from what date should the interest run?

Inasmuch as the estate has not been distributed, I agree with the referee that In re Jayrose Millinery Co., 2 Cir., 93 F.2d 471, requires that the claimant be accorded priority. It is incontrovertibly clear that the denial by the order of October 30, 1936, of priority was attributable exclusively to the referee, as well…

2Cases cited11 opinions

Ticonic National Bank v. SpragueSupreme Court of the United States · 1938
In Re Pottasch Bros. Co.Court of Appeals for the Second Circuit · 1935
Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895
In Re Jayrose Millinery Co.Court of Appeals for the Second Circuit · 1937
New York City v. GoldsteinSupreme Court of the United States · 1937

6 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

In Re L. Gandolfi & Co.District Court, S.D. New York · 1940