Legal Opinion

In re F. & W. Grand 5-10-25 Cent Stores, Inc.

District Court, S.D. New York

Decided May 14, 1934Published

1Opinion of the Court

PATTEBSON, District Judge.

The claim is founded on a lease made by the claimant to the bankrupt on November 9, 1929, for a twenty-five year term to commence on August 1, 1932. In March, 1932, equity receivers were appointed for the bankrupt, and these receivers gave notice to the claimant on May 21, 1932, that they disaf-firmed the lease. An involuntary petition was filed against the bankrupt on July 14, 1932. The claimant filed proof of claim for $112,500, alleged to be the difference between the rent reserved for the term and the reasonable rental value. The referee expunged the claim.

The…

2Cases cited5 opinions

  1. Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
  2. In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
  3. Malavazos v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933
  4. Irving Trust Co. v. PossartCourt of Appeals for the Second Circuit · 1934
  5. Wright v. Irving Trust Co.Court of Appeals for the Second Circuit · 1934

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