In re Philbin

WATSON, District Judge.

This is a review of an order of the referee in bankruptcy, denying to the landlord’s claim, for rent against the personal property of the bankrupt, priority over administration expenses.

The landlord contends that his claim for rent of the premises where the bankrupt’s goods were at the time of his bankruptcy is a preferred claim which is payable in full out of the proceeds of such goods, undiminished by anything except the costs of sale.

The bankrupts, James J. Philbin and Anthony A. D’Angelo, were copartners, engaged in the haberdashery business under the name of…