Chicago Auditorium Ass'n v. Central Trust Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Dandis, Judge. In the matter of bankruptcy proceedings of the Frank E. Scott Transfer Company.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Dandis, Judge. In the matter of bankruptcy proceedings of the Frank E. Scott Transfer Company. From an order of the District Court, confirming an order of the referee disallowing a claim filed by the Chicago Auditorium Association for^ damages arising out of alleged anticipatory breach of an executory* contract, and allowing only a portion of the claim, on objections of the Central Trust Company of Illinois, as trustee of the bankrupt estate, the Chicago Auditorium…
1Opinion of the Court
SEAMAN, Circuit Judge.
[1] The single question for review on this appeal is whether the claim for damages, predicated on an alleged anticipatory breach of the executory contract in suit, constitutes a provable claim in bankruptcy. It does not appear to be met and answered by any decision of the Supreme Court called to our attention, and if not free from difficulty under various other authorities cited, we believe its solution lies within narrow compass — hinging upon the tenability of the appellant’s contentions of the legal effect of the bankruptcy proceedings: (a) That they produced an…
2Cases cited13 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Zavelo v. ReevesSupreme Court of the United States · 1913
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
- Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
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3Cited by4 opinions
- Stern v. MayerSupreme Court of Minnesota · 1926
- Gas Power Machinery Co. v. Wisconsin Trust Co.Court of Appeals for the Seventh Circuit · 1916
- Sangamon Loan & Trust Co. v. United Shoe Machinery Co.Court of Appeals for the Seventh Circuit · 1915
- Isaac McLean Sons Co. v. William S. Butler & Co.District Court, D. Massachusetts · 1914