Bishop v. Rosin

PICARD, District Judge.

This is an action brought by the Administratrix of the Estate of Nellie Luth Bishop, deceased, against the American Management Company, et al., to recover money paid by deceased during her lifetime to defendants for rent in excess of the legal rate permitted under OPA regulations. It comes before this court on a motion to dismiss and the only question is whether the right of action survives to the estate. It is well to note that plaintiff seeks triple damages and under decisions of the courts this particular federal statute is penal. This being true the remarks of the…