Watson v. Merrill
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas. This is an appeal from a decree of the District Court, sitting in bankruptcy, which reversed an order of the referee that the appellant, Watson, should be allowed a claim of $1,437.50 for damages for the breach by P. A. Brown, by. means of his adjudication as a bankrupt, of a lease which he had taken from the appellant On May 1, 1902, Brown leased of Watson a storeroom in a building about to be…
Read the full summary
Appeal from the District Court of the United States for the District of Kansas. This is an appeal from a decree of the District Court, sitting in bankruptcy, which reversed an order of the referee that the appellant, Watson, should be allowed a claim of $1,437.50 for damages for the breach by P. A. Brown, by. means of his adjudication as a bankrupt, of a lease which he had taken from the appellant On May 1, 1902, Brown leased of Watson a storeroom in a building about to be erected for ¡a term of 10 years from October 1, .1902, and agreed to pay a monthly rental of $60 in advance during the…
1Opinion of the CourtSanborn, Circuit Judge
The contention of counsel for the appellant is that the claim of the lessor is not for rents which were payable after the petition for adjudication in bankruptcy was filed, but for damages for a breach of the contract in the lease to pay these rents; that the adjudication in bankruptcy dissolves all contractual relations of the bankrupt at the date of the filing of the.petition in bankruptcy (In re Jefferson [D. C.] 93 Fed. 948; Bray v. Cobb [D. C.] 100 Fed. 270; In re Hays, Foster & Ward Co. [D. C.] 117 Fed. 879) ; that the dissolution of a contractual relation is a breach of the contract;…
2Cases cited23 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Bernhardt v. CurtisSupreme Court of Louisiana · 1902
- In Re the General Assignment of HevenorNew York Court of Appeals · 1895
- Hutchinson v. DeeCourt of Appeals for the First Circuit · 1901
18 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- Oldden v. Tonto Realty CorporationCourt of Appeals for the Second Circuit · 1944
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Matter of Fred Sanders Co.United States Bankruptcy Court, E.D. Michigan · 1982
- Atchison, T. & S. F. Ry. Co. v. HurleyCourt of Appeals for the Eighth Circuit · 1907
66 more not listed; retrieve them via the Exa API.