Gardner v. Gleason
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. In the matter of the bankruptcy of the Crawford-Plummer Company. An order of the referee, fixing allowance of rent, in favor of Albert A. Gleason and others, trustees, was reversed by the District Court (253 Fed. 76), and Charles G. Gardner, trustee in bankruptcy, appeals.
1DissentAnderson, Circuit Judge
From both the opinion and the conclusion of the majority I am compelled to dissent. The result reached amounts to turning over the sum of $4,485.65, which, in my view, belongs to the general creditors of the bankrupt, to or for the benefit of Crawford, the bankrupt’s treasurer, and Shea, the other guarantor of the lease.
The facts really controlling in the case seem to me to be disregarded in the opinion of the majority.
The owners of this building, trustees under wills, made a 10-year' lease, ending December 31, 1916, to the George F. Quigley Company, of which Andrew Crawford was treasurer.…
2Cases cited8 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- Bell v. American Protective LeagueMassachusetts Supreme Judicial Court · 1895
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