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IN RE HOMANN

No. 45.

45 F.2d 481 (1930)

In re HOMANN. BURLINGAME v. MEYER.

Circuit Court of Appeals, Second Circuit.

December 1, 1930.

Attorney(s) appearing for the Case

Samuel C. Duberstein, of New York City (Max Schwartz, of New York City, of counsel), for appellant.

Benjamin Bernstein, of New York City (Max J. Wolff, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The question before us is whether the landlord, William Meyer, may continue to hold the $800 deposited by the tenant as security for the performance of the terms of the lease, or whether, because of the notice given by the landlord to the bankrupt of an election to terminate the tenancy pursuant to paragraph 17 of the lease, all obligations on the part of the tenant ended and the trustee may demand...

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