BELSTRAT HOTEL CORPORATION v. SOMOFF

No. 106.

37 F.2d 16 (1930)

BELSTRAT HOTEL CORPORATION v. SOMOFF. In re GEITTNER.

Circuit Court of Appeals, Second Circuit.

January 6, 1930.


Attorney(s) appearing for the Case

Stern & Ellenwood, of New York City, for petitioner on appeal.

Joseph Krinsky, of New York City, for respondent on appeal.

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


MANTON, Circuit Judge.

This is a suit by a trustee in bankruptcy to recover money deposited by the bankrupt as security under the terms of a lease for restaurant space in appellant's hotel. The lease, dated December 15, 1926, is for three years, and was made with one Jordan, who assigned it to the bankrupt August 1, 1927, with the consent of the appellant. It was used only for a hotel dining room operated for the accommodation of transients and hotel guests. The lease...

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