CENTRAL MANHATTAN PROPERTIES v. D. A. SCHULTE, INC.

No. 335.

91 F.2d 728 (1937)

CENTRAL MANHATTAN PROPERTIES, Inc., et al. v. D. A. SCHULTE, Inc., OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

June 28, 1937.


Attorney(s) appearing for the Case

Coughlan & Russell, of New York City (George Coughlan, of New York City, of counsel), for appellant Central Manhattan Properties, Inc.

William M. Chadbourne, of New York City (Clinton De Witt Van Siclen, of New York City, of counsel), for appellant Central Manhattan Properties Bondholders' Protective Committee.

Jerome Eisner and Ernst, Gale, Bernays & Falk, all of New York City (Henry I. Fillman, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from an order in bankruptcy, expunging a claim against a debtor in reörganization. The claimant had let six separate parcels of land in New York to the debtor, the rent in all cases being payable monthly in advance; the debtor had sublet most of these premises to others upon leases like its own; the sub-rents also payable monthly in advance. On June 1, 1936, it defaulted upon the payment of its rent for that month, but...

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