In re Frazin
Court of Appeals for the Second Circuit
Petition to Review an Order of the District Court of the United States for the Southern District of New York. In the matter of Bouis Frazin and Abraham M. Oppenheim, individually and as partners, as Frazin & Oppenheim, bankrupts. On petition of the United Cigar Stores Company to revise an order (174 Fed. 713) granting an injunction.
Read the full summary
Petition to Review an Order of the District Court of the United States for the Southern District of New York. In the matter of Bouis Frazin and Abraham M. Oppenheim, individually and as partners, as Frazin & Oppenheim, bankrupts. On petition of the United Cigar Stores Company to revise an order (174 Fed. 713) granting an injunction. In 1907 the petitioner leased to the bankrupts certain promises in the city of New York, and this lease was in force at the time of the bankruptcy. The lease contained the following provision: “If at tmy time during the term hereby demised, proceedings in…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). It is clear that the lessor, by the acceptance of the rent stipulated in the lease, waived the right to re-enter on account of the bankruptcy or the appointment of the receiver or the trustee. The inquiry then is whether there was devolution of the lease by operation of law and whether the lessor waived the right of re-entry by reason of it.
If the title to the leasehold interest devolved upon the trustee immediately upon his appointment, it is manifest that a breach of the cpndition took place at that time, and the lessor by thereafter accepting rent from…
2Cases cited6 opinions
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Dushane v. BeallSupreme Court of the United States · 1896
- Watson v. MerrillCourt of Appeals for the Eighth Circuit · 1905
- Matter of Application of OtisNew York Court of Appeals · 1886
- In re EllsDistrict Court, D. Massachusetts · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Brown v. O'KEEFESupreme Court of the United States · 1937
- In the Matter of Queens Boulevard Wine & Liquor Corp., D/B/A Gold Star Wine & Liquor, Debtor-Appellee v. Anita Blum, Petitioner-Landlord-AppellantsCourt of Appeals for the Second Circuit · 1974
- 12 Collier bankr.cas.2d 845, Bankr. L. Rep. P 70,371 in Re Edward Hill Lovitt, Wwi Ermie Lovitt, Debtor. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife v. Appleatchee Riders Association Cyprus Mines Corporation, and Asamera Minerals (u.s.), Inc., Appleatchee Riders Association Cyprus Mines Corporation and Asamera Minerals (u.s.), Inc., Cross-Appellants v. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife, Cross-Appellees. Sheena R. Aebig, Successor-Trustee of Lovitt Bankruptcy Estate v. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife Appleatchee Riders Association Cyprus Mines Corporation and Asamera Minerals (u.s.), Inc.Court of Appeals for the Ninth Circuit · 1985
- Palmer v. PalmerCourt of Appeals for the Second Circuit · 1939
- Matter of Fred Sanders Co.United States Bankruptcy Court, E.D. Michigan · 1982
32 more not listed; retrieve them via the Exa API.