In re Frazin & Oppenheim
District Court, S.D. New York
In the matter of Frazin & Oppenheim, bankrupts. Petition by trustee for a sale of a lease and the property on the leased premises previously occupied by the bankrupt as a going concern, and to determine asserted adverse claims by the United Cigar Stores Company, the lessor. From an order of the referee sustaining the landlord’s claim in part, the trustee files a petition for review.
1Opinion of the Court
HOLT, District Judge.
This is a petition to review an order of the referee, made in a proceeding instituted by petition of the trustee *714for authority to sell a lease. On April 2, 1907, the United Cigar Stores Company made a lease, demising- to the bankrupts, Frazin & Oppenheim, certain premises at 258 West 125th street, New York, for a term expiring April 1, 1913, at an annual rent of $10,000. The lease, among other provisions, contained the following:
“Xot to assign, mortgage, or pledge tliis lease, nor underlet the whole or any part of the premises, without the lessor’s written consent. If the…
2Cases cited7 opinions
- Gazlay v. WilliamsSupreme Court of the United States · 1908
- Conger v. . DuryeeNew York Court of Appeals · 1882
- Gazlay v. WilliamsCourt of Appeals for the Sixth Circuit · 1906
- In re PennewellCourt of Appeals for the Sixth Circuit · 1902
- Keegan v. KingDistrict Court, D. Indiana · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Citizens Savings & Trust Co. v. RogersWisconsin Supreme Court · 1916
- Nelson v. DenmarkDistrict Court, S.D. Georgia · 1912
- In re Printograph Sales Co.District Court, E.D. Pennsylvania · 1914
- In re BenzDistrict Court, W.D. Pennsylvania · 1913