Vollmer v. McFadgen

BUFFINGTON, Circuit Judge.

In the court below the landlord claimed priority for rent accrued before the filing of the bankrupt’s involuntary petition. That court sustained the refusal of the referee to so award, whereupon the landlord appealed to this court.

The fund for distribution arose from the gross sum of $7,000, the purchase price of the fixtures of the bankrupt’s bar, a term of years for his premises, and the license to sell liquors thereat.- The referee found as a fact, and the court adopted such finding, that the landlord gave notice at the sale to the purchaser that he would hold him…