Legal Opinion

Frederick v. Meyran

Court of Appeals for the Third Circuit

Decided February 9, 1922No. 2761PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. In the matter of the Harry Davis Restaurant Company, bankrupt. Klliot Frederick, trustee, appeals from an order allowing the claim of Louis A. Meyran.

1Opinion of the Court

DAVIS, Circuit Judge.

The Harry Davis Restaurant Company, hereafter called the company, was adjudged a bankrupt on an involuntary petition filed June 9, 1920. At that time the company was in arrears in rent in the sum of $14,227.66. Prior to bankruptcy Albert Pick & Co. had leased to the Restaurant Company certain goods on *504which the landlord waived his right to distrain. There was other property on the premises in the possession of the company subject to the landlord’s lien. Pick & Co. instituted reclamation proceedings, but the court held that the so-called lease was a conditional sale, and…

2Cases cited5 opinions

  1. Marine Nat. Bank v. McCreery & Co.Court of Appeals for the Third Circuit · 1914
  2. George Carroll & Bro. Co. v. YoungCourt of Appeals for the Third Circuit · 1903
  3. First Savings & Banking Co. v. KilmerCourt of Appeals for the Fourth Circuit · 1919
  4. Keyser v. WesselCourt of Appeals for the Third Circuit · 1904
  5. Vollmer v. McFadgenCourt of Appeals for the Third Circuit · 1908

3Cited by2 opinions

  1. In Re Wesley CorporationDistrict Court, E.D. Kentucky · 1937
  2. In Re Mannington Pottery Co.District Court, N.D. West Virginia · 1952

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