Legal Opinion
In re Speare
Court of Appeals for the Second Circuit
Decided May 5, 1966No. 237, Docket 30171PublishedCited by 3 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge:
In February 1961 Adele and George Speare, as partners, filed a petition in the District Court for the Southern District of New York for an arrangement under Chapter XI of the Bankruptcy Act; they were authorized to act as debtors in possession. The Speares had operated The Agora Prime Rib Restaurant on West 33rd Street, New York City, in premises leased from Consolidated Assets Corporation for a twenty-one year term. The lease, on a printed form, provided in Paragraph Fourth:
“The Tenant shall not sub-let the demised premises nor any portion thereof, nor shall this…
2Cases cited12 opinions
- Finn v. MeighanSupreme Court of the United States · 1945
- In Re WalkerCourt of Appeals for the Second Circuit · 1937
- Kahle v. Amtorg Trading Corp.District Court, D. New Jersey · 1952
- In Re ErnstCourt of Appeals for the Second Circuit · 1939
- In Re BurkeDistrict Court, S.D. California · 1948
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3Cited by3 opinions
- In Re Natco Industries, Inc.United States Bankruptcy Court, S.D. New York · 1985
- In Re Fifth Avenue OriginalsUnited States Bankruptcy Court, S.D. New York · 1983
- In the Matter of Adele Speare and George Speare, Individually and as Co-Partners Doing Business as the Agora Prime Rib Restaurant and the Co-Partnership of the Agora Prime Rib Restaurant. Adele Speate and George Speare, Debtors in Possession, Consolidated Assets Corporation, Landlord-AppelleeCourt of Appeals for the Second Circuit · 1966