1. Home
  2. Browse Decisions
  3. U.S.
  4. 299 U.S.
  5. 299 U.S. 445 (1937)
 

KUEHNER v. IRVING TRUST CO.

No. 354.

299 U.S. 445 (1937)

KUEHNER ET AL., TRUSTEES, v. IRVING TRUST CO., TRUSTEE IN BANKRUPTCY, ET AL.

Supreme Court of United States.

Decided January 4, 1937.

Attorney(s) appearing for the Case

Mr. Rollin Browne, with whom Mr. Henry L. Glenn was on the brief, for petitioners.

Mr. William D. Whitney, with whom Mr. R.L. Gilpatric was on the brief, for the Irving Trust Co., Trustee, respondent.

Messrs. Sanford H.E. Freund, Winthrop H. Kellogg, and Douglas B. Steimle were on the brief for the Preferred Stockholders' Protective Committee, respondent.

By leave of Court, Messrs. M. Carl Levine and David Morgulas filed a brief on behalf of the Jacob Ruppert Realty Corporation, as amicus curiae, urging reversal of the decision below.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

In this case we are concerned with that portion of subsection (b) (10) of § 77B of the Bankruptcy Act which limits the claim of a landlord for indemnity under a covenant in a lease to an amount not to exceed three years' rent.

The questions are: (1) Is the claim so limited in all events and for all purposes or is the surplus over the specified amount, though...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases