Topinka v. Borden Co.

This is a proceeding by a landlord, Topinka, to establish a preference in payment of rent for premises occupied by the Administratrix. The court in a trial de novo, upon appeal from the Probate Court, entered an order adverse to the landlord and he has appealed.

The proceeding began in the Probate Court October 3, 1957, with Topinka’s petition for an Order On The Administratrix To Pay Past Due And Current Rent of $680 for store premises operated by the Administratrix “under an order of this court ... in said estate.” He stated that despite demands the rent that should have been paid by the…