In re Lombardy Inn Co.
District Court, D. Massachusetts
In Bankruptcy, In the matter of the Lombardy Inn Company, Incorporated, bankrupt. On review of order of referee, temporarily enjoining prosecution of ejectment in state court. The following is the opinion of Referee Olmstead.: This was a petition to review an order entered by me on this 12th day of December, appointing Augustus T. Beatey, Esq., receiver of said estate, to-gethcr with authority to carry on the business.
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In Bankruptcy, In the matter of the Lombardy Inn Company, Incorporated, bankrupt. On review of order of referee, temporarily enjoining prosecution of ejectment in state court. The following is the opinion of Referee Olmstead.: This was a petition to review an order entered by me on this 12th day of December, appointing Augustus T. Beatey, Esq., receiver of said estate, to-gethcr with authority to carry on the business. Immediately after said appointment, while Mr. Richard W. Hale, counsel for the landlord, Mr. Samuel D. Elmore, counsel for the debtor corporation, and Mr. Francis R. Mullen,…
1Opinion of the Court
MORTON, District Judge.
At the time when the receiver in bankruptcy was appointed he found the bankrupt still in possession of the premises, claiming to hold under a written lease. The lessor, alleging a breach of condition, had already instituted ejectment proceedings in the state court. The learned referee temporarily enjoined the prosecution of these proceedings to give the receiver time to turn around. The premises are- a hotel of some 30 rooms and a restaurant having a substantial business of its own.
In holding that the receiver should not be immediately turned into the street, but should…
2Cited by3 opinions
- American Anthracite & Bituminous Coal Corp. v. Leonardo Arrivabene, S.A., Tramp Tankers Corporation of Liberia and Estate of Hector C. DracoulisCourt of Appeals for the Second Circuit · 1960
- In Re United Cigar Stores Co. of AmericaCourt of Appeals for the Second Circuit · 1937
- Carroll v. HannonSupreme Court of Pennsylvania · 1927