Van Straaten Havey v. Foremost Silk

This matter is before the court on a petition to review the disallowance of a claim made by 500 Fifth Avenue, Inc., against the receiver of Foremost Silk Hosiery Mills, Inc. Out of this same insolvency proceeding arose the case of G. Lee Havey,Receiver, c., v. Alfred Hofman et al., 121 N.J. Eq. 523;affirmed, 123 N.J. Eq. 589, 590.

The hosiery mills was a tenant of the creditor under a lease, with the rent reserved at the rate of $2,400 a year. The receiver surrendered the premises and has paid for his use and occupation up to the time of such surrender. The sole question before the court is as…