In re Roth & Appel
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of Roth & Appel, bankrupts. From an order of the District Court (174 Fed. 64) expunging a claim, Adolph Boskowitz appeals.
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Appeal from the District Court of the United States for the Southern District of New York. In the matter of Roth & Appel, bankrupts. From an order of the District Court (174 Fed. 64) expunging a claim, Adolph Boskowitz appeals. On August 14, 1907, Adolph Boskowitz, the appellant, entered into an indenture of lease with the firm of Roth & Appel, the present bankrupts, wherein he let to them certain premises in the city of New York for the term of five years from February 1, 1908, at the annual rental of $3,000, payable quarterly in advance. The lease contained the following provision: “In case…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). Rent is a sum stipulated to be paid for the use and enjoyment of land. The occupation of the land is the consideration for the rent. If the right to occupy terminate, the obligation to pay ceases. Consequently, a covenant to pay rent creates no debt until the time stipulated for the payment arrives. The lesssee may be evicted by title paramount or by acts of the lessor. The destruction or disrepair of the premises may, according to certain statutory provisions, justify the lessee in abandoning them. The lessee may quit the premises with the lessor’s…
2Cases cited25 opinions
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- Watson v. MerrillCourt of Appeals for the Eighth Circuit · 1905
- Hutchinson v. DeeCourt of Appeals for the First Circuit · 1901
- Moch v. Market St. Nat. BankCourt of Appeals for the Third Circuit · 1901
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3Cited by113 opinions
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
- Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
- Maynard v. ElliottSupreme Court of the United States · 1931
- In Re Joseph A. Vause and Virgie L. Vause, Debtors. Joseph A. Vause and Virgie L. Vause v. Capital Poly Bag, Inc.Court of Appeals for the Sixth Circuit · 1989
- Oldden v. Tonto Realty CorporationCourt of Appeals for the Second Circuit · 1944
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