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CANNON v. FIFTY-SIXTH STREET GARAGE

No. 9.

45 F.2d 110 (1930)

CANNON et al. v. FIFTY-SIXTH STREET GARAGE, Inc.

Circuit Court of Appeals, Second Circuit.

November 17, 1930.

Attorney(s) appearing for the Case

Spence, Hopkins & Walser, of New York City (Kenneth E. Walser and Walter Bishop, both of New York City, of counsel), for appellants.

Broadwin & Mannheimer, of New York City (Albert Mannheimer, of New York City, of counsel), for respondent.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Respondent owned garage property in New York City and leased it to tenants, who deposited $15,000 under the lease as security for the faithful performance of the terms of the lease. The appellants acquired the lease as well as the deposit before defaults, and later assigned to a sublessee, the Ernest Garage, Inc. This corporation failed to pay taxes in 1924, and the rent for January, 1925, whereupon summary proceedings to dispossess the Ernest...

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