In re All Star Feature Corp.
District Court, S.D. New York
In Bankruptcy. In the matter of All Star Feature Corporation. On review of order of referee allowing claim of Willat Film Manufacturing Company to a lien on certain assets. This is a petition by a trustee in bankruptcy to review the order of a referee in bankruptcy allowing a claim of the respondent upon certain assets of the bankrupt kept from the trustee under assertion of a pledge or lien.
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In Bankruptcy. In the matter of All Star Feature Corporation. On review of order of referee allowing claim of Willat Film Manufacturing Company to a lien on certain assets. This is a petition by a trustee in bankruptcy to review the order of a referee in bankruptcy allowing a claim of the respondent upon certain assets of the bankrupt kept from the trustee under assertion of a pledge or lien. The property in question was a moving picture film which eventually, by the consent of the parties, was sold for $13,490, against which the claim of the respondent was $4,942.77. All the facts appear in…
1Opinion of the Court
LEARNED HAND, District Judge.
[1,2] I do not think it is necessary to suppose that the parties made a bilateral contract of forbearance and security. Perhaps the lessor might have evicted the lessee at any time and the lessee have reclaimed the films without paying for more than the work actually done on each particular film reclaimed. That question I leave open. Yet the parties intended that the lessor should have some security for the rent and the other charges, and this security was to be by retaining the films. So much indeed is too plain for dispute; the only question is whether the…
2Cases cited2 opinions
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Edgerton v. WeaverIllinois Supreme Court · 1882
3Cited by14 opinions
- Pullman Co. v. RayCourt of Appeals of Maryland · 1953
- Snyder v. CearfossCourt of Appeals of Maryland · 1947
- Cowan v. BrowneMontana Supreme Court · 1922
- Gonzales v. GaunaNew Mexico Supreme Court · 1922
- Doorly v. GoodmanMontana Supreme Court · 1924
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