In re Larkey
District Court, D. New Jersey
In Bankruptcy. In the matter of Aaron Larkey and others, trading as Larkey Bros., alleged) bankrupts. On application of Jacob Konner and Gustav Mikola to have the receiver, the alleged bankrupts, and a subtenant surrender certain leased premises.
1Opinion of the Court
HAIGHT, District Judge.
This matter is before the court on an intervening petition filed in the bankruptcy proceedings. The petitioners, Jacob Konner and Gustav Mikola, pray that certain premises, belonging to them and leased to the alleged bankrupts, be ordered surrendered, because of alleged breaches of a covenant in the lease. The original lease, which is dated the 9th of August, 1911, contains the following provision:
“That if the lessees shall at any time during the term hereby demised become insolvent, or if proceedings in bankruptcy shall be instituted by or against the lessees, or if…
2Cases cited16 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Whitney v. WenmanSupreme Court of the United States · 1905
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Cameron v. United StatesSupreme Court of the United States · 1914
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3Cited by13 opinions
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- Empress Theatre Co. v. HortonCourt of Appeals for the Eighth Circuit · 1920
- In re Kalnitzsky Bros. & OppenheimDistrict Court, S.D. New York · 1922
- USA Petroleum Corp. v. Jopat Bldg. Corp.Supreme Court of Alabama · 1977
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