Gazlay v. Williams
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. June 16, 1902, W. A. Gazlay, Hanna F. Gazlay, Huida G. Miller, Emma G. Donaldson, Julia G. Stewart and Clara G. Kuhn entered into a written agreement as lessors with one J. D. Kucny, whereby, in consideration of the rents to be paid and the covenants to be .performed by said lessee, his heirs and assigns, they leased to said Kueny certain premises situate on the east side of Vine street, south of Sixth street,…
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. June 16, 1902, W. A. Gazlay, Hanna F. Gazlay, Huida G. Miller, Emma G. Donaldson, Julia G. Stewart and Clara G. Kuhn entered into a written agreement as lessors with one J. D. Kucny, whereby, in consideration of the rents to be paid and the covenants to be .performed by said lessee, his heirs and assigns, they leased to said Kueny certain premises situate on the east side of Vine street, south of Sixth street, Cincinnati, Ohio, for a period of ten years, with the privilege of ten years additional. The lease contained the…
1Opinion of the CourtChief Justice Fuller
The passage of the lessee’s estate from- Brown, the bankrupt, to Williams, the trustee, as of the date of the adjudication, was by operation of law and not by the act of the bankrupt, nor was it by salé. The condition imposed forfeiture if the lessee assigned the lease or the lessee’s interest should be sold under execution or other legal process without lessors’ written consent.
A sale by the trustee for the benefit of Brown’s creditors was not forbidden by the condition and would not be in .breach thereof. It would not be a voluntary assignment by the lessee, nor a salé of the lessee’s…
2Cited by45 opinions
- Helvering v. HammelSupreme Court of the United States · 1941
- Trubowitch v. Riverbank Canning Co.California Supreme Court · 1947
- Finn v. MeighanSupreme Court of the United States · 1945
- In Re the Huntington Limited, a Limited Partnership, Dba the Sheraton Beach Inn, Dba Driftwood Beach Club, Debtor-Appellee. Robert A. Fisher, Receiver v. City of Huntington Beach, a Municipal Corporation of the State of California and the Huntington Limited, a Limited Partnership, Dba the Sheraton Beach Inn, Dba Driftwood Beach Club, City of Huntington Beach, a Municipal Corporation of the State of California v. The Huntington Limited, a Limited Partnership, Dba Sheraton Beach Inn, Dba Driftwood Beach Club, Debtor, and Robert A. Fisher, Receiver, DefendantsCourt of Appeals for the Ninth Circuit · 1981
- Model Dairy Co., Inc. v. Foltis-Fischer, Inc.Court of Appeals for the Second Circuit · 1933
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