Legal Opinion

Barnett v. Sproal

Court of Appeals for the Ninth Circuit

Decided March 12, 1923No. 3936PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Southern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. In the matter of J. H. McNeice and another, individually and as copartners doing business under the name and style of McNeice Furniture Company, bankrupts. From allowance of claim of O. A. Sproal, Dolph Barnett, as trustee of the bankrupts, appeals.

1Opinion of the Court

ROSS, Circuit Judge.

The appellee owned a certain building in Yakima, state of Washington, certain storerooms in which he leased, in writing, to the copartners constituting the McNeice Furniture Company, at the monthly rental of $375. During the running of the lease the copartners became bankrupt; an involuntary petition for such adjudication having been filed July 21, 1921, the adjudication being entered August 13, 1921, and the appellant trustee having been elected such September 20, 1921. The stipulated rent was not paid for the preceding month of June, nor for any time thereafter. The…

2Cases cited3 opinions

  1. City Sash & Door Co. v. BunnWashington Supreme Court · 1916
  2. Culp v. McMehanWashington Supreme Court · 1923
  3. McDermott v. Tolt Land Co.Washington Supreme Court · 1918

3Cited by2 opinions

  1. In Re Curry Printers, Inc.United States Bankruptcy Court, N.D. Indiana · 1991
  2. In Re BenguiatDistrict Court, S.D. California · 1937

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