Legal Opinion

Central Trust Co. of Ill. v. Chicago Auditorium Assn.

Supreme Court of the United States

Decided April 3, 1916No. Nos. 162 and 174PublishedCited by 256 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. APPEAL FROM AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The facts, which involve the effect of bankruptcy of one party to an executory contract and the right of the other party to regard the same as an anticipatory breach of the contract and to prove its claim against the bankrupt’s estate, are stated in the opinion.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. APPEAL FROM AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The facts, which involve the effect of bankruptcy of one party to an executory contract and the right of the other party to regard the same as an anticipatory breach of the contract and to prove its claim against the bankrupt’s estate, are stated in the opinion. Subdivisions 1 and 4 of § 63a, of the Bankruptcy Act, must be construed together, and the words, “absolutely owing at the time of the filing of the' petition, etc.,” appearing in subd.…

1Opinion of the CourtJustice Pitney

On July 22, 1911, a creditors’ petition in bankruptcy was filed against the Frank E. Scott Transfer Company, an Illinois corporation, and it was adjudged a bankrupt on August 7. The act of bankruptcy charged and adjudicated does not appear. When the proceedings were commenced, the bankrupt held contract relations with the Chicago Auditorium Association under a written agreement made between them February 1, 1911, which had been partially performed. By its terms the Association granted to the Transfer Company, for a term of five years from the date of the contract, the baggage and livery…

2Cases cited13 opinions

  1. Roehm v. HorstSupreme Court of the United States · 1900
  2. Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
  3. Zavelo v. ReevesSupreme Court of the United States · 1913
  4. Dunbar v. DunbarSupreme Court of the United States · 1903
  5. Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884

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3Cited by256 opinions

  1. Miller v. RobertsonSupreme Court of the United States · 1924
  2. In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983
  3. Brown v. O'KEEFESupreme Court of the United States · 1937
  4. Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
  5. Maynard v. ElliottSupreme Court of the United States · 1931

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