Perrin & Smith Printing Co. v. Cook Hotel & Excursion Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The covenant or ageement in the lease to pay the taxes assessed against the demised property that were due and payable during the year 1904, must be construed as one to pay the taxes as part of the rent. Knight v. Orchard, 92 Mo. App. 471; Elliott v. Gantt, 64 Mo. App. 252; McManus v. Shoe & Clothing Co., 60 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The covenant or ageement in the lease to pay the taxes assessed against the demised property that were due and payable during the year 1904, must be construed as one to pay the taxes as part of the rent. Knight v. Orchard, 92 Mo. App. 471; Elliott v. Gantt, 64 Mo. App. 252; McManus v. Shoe & Clothing Co., 60 Mo. App. 218. (2) The appointment of the receivers did not have the effect of changing any rights of action or of changing the contract relations existing between the original parties. Title & Trust Oo. v.…
1Opinion of the CourtGoode, J.
(after stating the facts). — In the fourth paragraph of the lease, a lien on all the improvements to be erected on the leased premise is reserved in favor of the lessors, to secure the payment by the lessee of one *52installment of the cash rent and the taxes. This stipulation has attracted our attention; because the rule is that a receiver takes the property of the insolvent debtor subject to all liens on it, and accordingly, there might be reason for saying that the stipulated lien entitled the intervenors to a preference in that portion of the fund in the hands of the receivers which accrued…
2Cases cited18 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- Wood v. Guarantee Trust and Safe Deposit Co.Supreme Court of the United States · 1888
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
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3Cited by9 opinions
- Oldroyd v. McCreaUtah Supreme Court · 1925
- Britton v. Western Iowa Co.Court of Appeals for the Eighth Circuit · 1925
- Vineland Shopping Center, Inc. v. De MarcoSupreme Court of New Jersey · 1961
- In re Bonwit, Lennon & Co.District Court, D. Maryland · 1940
- Lamoine Mott Estate v. NeimanCourt of Appeals for the Eighth Circuit · 1935
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