Legal Opinion

Matter of Simon Lipschutz, Individually and Trading as McCall Curtain and Linen Shop, Bankrupt. Solomon Lichstein and Clara Lichstein, His Wife

Court of Appeals for the Third Circuit

Decided December 8, 1955No. 11649_1PublishedCited by 3 opinions

1Per curiam

On the present record this case was decided correctly by the Referee and the court below. Appellant lessor filed a reclamation petition for an air-conditioner installed on the premises by a prior lessee and sold by that lessee to the bankrupt. The petition was dismissed. The law of Pennsylvania governs the rights of the lessor and the lessee. The term “fixtures” employed in the form 50 lease must be interpreted according to that law. Under the law of Pennsylvania “trade fixtures,” belonging to the lessee, as distinguished from “fixtures,” may not be seized by the lessor unless it be shown…

2Cases cited3 opinions

  1. Isman v. HanscomSupreme Court of Pennsylvania · 1907
  2. Lindsay Bros. v. Curtis Publishing Co.Supreme Court of Pennsylvania · 1912
  3. 339-41 Market Street Corp. v. Darling Stores Corp.Supreme Court of Pennsylvania · 1946

3Cited by3 opinions

  1. B. Cohen & Sons Caterers, Inc. v. New Plan Realty Trust (In Re B. Cohen & Sons Caterers, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1989
  2. In the Matter of Universal Medical Services, Inc., Debtor. Appeal of Irving H. Kutcher, Trustee in BankruptcyCourt of Appeals for the Third Circuit · 1972
  3. United States v. Certain Parcels of LandDistrict Court, E.D. Pennsylvania · 1966

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