In re Rubel
District Court, E.D. Wisconsin
In Bankruptcy. This is a review of the decision of the referee upon the claim of Edwin H. Abbot for damages for an alleged unlawful taking of the premises by the receiver and trustee for the use of the estate.
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In Bankruptcy. This is a review of the decision of the referee upon the claim of Edwin H. Abbot for damages for an alleged unlawful taking of the premises by the receiver and trustee for the use of the estate. The bankrupts were in possession under a three years’ lease at a rental of $1,300 per annum, payable in monthly installments of $108.33. The lease had a year to run from the 1st day of May, 1907. The involuntary petition was filed March 30, 1907. On the same day a receiver was appointed, who took possession of the stock of goods and the store. April 10th the petitioner served a notice…
1Opinion of the CourtQuakers, District Judge
(after stating the facts as above). The •text-books and the authorities all seem to concur in the proposition that rent upon such a lease which has not accrued at the time of adjudication cannot be proven as a claim in bankruptcy. Loveland on Bankruptcy (3d Ed.) 265, 268: Collier on Bankruptcy, 479; In re Jefferson (D. C.) 93 Fed. 918; Bray v. Cobb (D. C.) 100 Fed. 270; Atkins v. Wilcox, 105 Fed. 595, 44 C. C. A. 626, 53 L. R. A. 118; In re Hays and Foster (D. C.) 117 Fed. 879; Watson v. Merrill, 136 Fed. 859, 69 C. C. A. 185, 69 L. R. A. 719. These authorities are not in accord as to the…
2Cases cited7 opinions
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Bray v. CobbDistrict Court, E.D. North Carolina · 1900
- Atkins v. WilcoxCourt of Appeals for the Fifth Circuit · 1900
- In re Hays, Foster & Ward Co.District Court, W.D. Kentucky · 1902
- Smyth v. New Orleans Canal & Banking Co.Court of Appeals for the Fifth Circuit · 1899
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- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- Colman Co. v. WithoftCourt of Appeals for the Ninth Circuit · 1912
- In re Inman & Co.District Court, N.D. Georgia · 1909
- In re Spies-Alper Co.District Court, D. New Jersey · 1916
- In re Adams Cloak, Suit & Fur HouseDistrict Court, D. Massachusetts · 1912
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