Savage v. McNeany
Court of Appeals for the Tenth Circuit
1Opinion of the Court
SETH, Circuit Judge.
The trial court entered judgment sustaining a determination of the referee in bankruptcy that appellant-landlord’s claim for anticipatory breach of his lease with the bankrupt was not a secured or lien claim, and thus was not ahead of the appellee, trustee in bankruptcy, nor ahead of Commercial Discount Corporation, a chattel mortgagee of the bankrupt. There is no dispute as to the rental actually accrued prior to the filing of the petition in bankruptcy.
The bankrupt, Hubbards, Inc., occupied a store building in Albuquerque, New Mexico, under an assignment of two leases…
2Cases cited8 opinions
- Jamaica Time Petroleum, Inc. v. Federal Insurance CompanyCourt of Appeals for the Tenth Circuit · 1966
- Pittsburgh-Des Moines Steel Company, a Corporation v. American Surety Company of New York, a Corporation, and Davis Construction Company, Inc.Court of Appeals for the Tenth Circuit · 1966
- United States Fidelity and Guaranty Company, a Maryland Corporation v. Henry H. Lembke, Jr.Court of Appeals for the Tenth Circuit · 1964
- Armijo v. PettitNew Mexico Supreme Court · 1927
- First National Bank of Dodge City, Kansas v. Kelly PerschbacherCourt of Appeals for the First Circuit · 1964
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3Cited by5 opinions
- Yetta Freeman v. Bob HeimanCourt of Appeals for the Tenth Circuit · 1970
- Clark v. Security Pacific Business Credit, Inc. (In re Wes Dor, Inc.)Court of Appeals for the Tenth Circuit · 1993
- The Permian Corporation, a Delaware Corporation v. Armco Steel Corporation, and Frank J. Gehrer and Hazel J. Ross, and Classic Mining CorporationCourt of Appeals for the Tenth Circuit · 1975
- In Re Wes Dor, IncorporatedCourt of Appeals for the Tenth Circuit · 1993
- Savage v. McneanyCourt of Appeals for the Tenth Circuit · 1967