Finneran v. J.H. Fitzgerald, Inc.

This is an application by a landlord for an order directing the receiver of defendant to pay certain arrears of rent. The landlord claims that it is entitled to priority for this rent as against the general creditors.

Defendant was adjudged insolvent on March 7th, 1932. On April 6th, 1932, the landlord filed a claim and in a letter enclosed the claim stated:

"It is my understanding that this is a preferred claim under sections 4 and 5 of the Landlord and Tenant act."

Between March 7th and May 27th, 1932, the receiver disposed of most of the assets of defendant, and on the last mentioned date…