Legal Opinion

In re United Cigar Stores Co. of America

District Court, S.D. New York

Decided August 17, 1933No. 55129Published

1Opinion of the Court

PATTERSON, District Judge.

The ease presents another controversy as to the provability of a landlord’s claim for future rent against the estate of the bankrupt tenant. The referee granted a motion of the trustee in bankruptcy to strike from the landlord’s proof of claim the amount claimed on account of rent to become due in the future. The matter comes up on petition to review.

In 1922 the Hay estate made a lease to the bankrupt of certain real estate in Easton, Pa. The term was for twenty years commencing March 1, 1926. The tenant was to pay a graduated scale of rent monthly in advance and was…

2Cases cited7 opinions

  1. In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
  2. Wilson v. Pennsylvania Trust Co.Court of Appeals for the Third Circuit · 1902
  3. Rosenblum v. UberCourt of Appeals for the Third Circuit · 1919
  4. Shapiro v. MalarkeySupreme Court of Pennsylvania · 1923
  5. Malavazos v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933

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