Legal Opinion

Reisenwebers, Inc. v. Irving Trust Co.

Court of Appeals for the Second Circuit

Decided March 5, 1934No. 248PublishedCited by 6 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The principal question arising on this appeal relates to the extent of the rental obligation incurred by a trustee in bankruptcy, who, while determining whether to adopt or reject a lease of premises theretofore made to the bankrupt, has occupied only a part of the demised premises. Upon the present record, we think the trustee is liable only for use and occupation of the portion physically occupied.

The Irving Trust Company, as trustee in bankruptcy of United Cigar Stores Company, occupied the corner of certain promises…

2Cases cited12 opinions

  1. In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
  2. Dayton Hydraulic Co. v. FelsenthallCourt of Appeals for the Sixth Circuit · 1902
  3. In re FrazinCourt of Appeals for the Second Circuit · 1910
  4. Otis v. . ConwayNew York Court of Appeals · 1889
  5. Oscar Heineman Corporation v. Nat Levy & Co.Court of Appeals for the Second Circuit · 1925

7 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In Re United Cigar Stores Co.Court of Appeals for the Second Circuit · 1934
  2. Central Manhattan Properties, Inc. v. D. A. Schulte, Inc.Court of Appeals for the Second Circuit · 1937
  3. Chatlos Systems, Inc. v. KaplanDistrict Court, D. Delaware · 1992
  4. In Re Sturgis Iron & Metal Co., Inc.United States Bankruptcy Court, W.D. Michigan · 2009
  5. Dickson v. Irving Trust Co.Court of Appeals for the Second Circuit · 1934

1 more not listed; retrieve them via the Exa API.

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