Legal Opinion

In re Myers

District Court, E.D. Pennsylvania

Decided June 8, 1900No. 227PublishedCited by 4 opinions

In Bankruptcy. On certificate by referee concerning allowance of landlord’s claim for rent, and of the bankrupt’s claim for exemption.

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In Bankruptcy. On certificate by referee concerning allowance of landlord’s claim for rent, and of the bankrupt’s claim for exemption. The opinion of the ref (tree is as follows (MASON, Referee): The bankrupt filed his petition in bankruptcy July 27, 1899, sotting forth in Schedule BO that he had “a retail liquor license for 40 South Sixth street, Philadelphia, which he is advised is a license personal, and not an asset of his business”; and under Schedule Al(4), other debts having priority, “McDowell estate, care of Guarantee Trust & Safe-1 )eposit'Company,” “rent of 40 S. 6th street, $800”;…

1Opinion of the Court

McPHERSON, District Judge.

I agree with the learned referee in his disposition of the bankrupt’s claim for exemption, and of the land-< lord’s claim to priority. Nothing need be added to the referee’s opinion, except the citation of In re Ulrich, 6 Pa. Dist. R. 408, in which it was decided by one of the common pleas courts of the state that á license to sell liquor cannot be levied upon and sold by the sheriff; and Moss’ Appeal, 35 Pa. St. 162, and Wickey v. Eyster, 58 Pa. St. 501, in which the supreme court held that the landlord’s claim to be paid out of the proceeds of sale depends upon his…

2Cited by4 opinions

  1. In re MitchellDistrict Court, D. Delaware · 1902
  2. Harman Electric Co. v. First Real Estate Investment Co.District Court, W.D. Pennsylvania · 1972
  3. Judge v. Bank (In Re Lorimal, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1982
  4. In re OlewineDistrict Court, M.D. Pennsylvania · 1903

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