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IN RE GARMENT CENTER CAPITOL

No. 112.

93 F.2d 667 (1938)

In re GARMENT CENTER CAPITOL, Inc. IRVING TRUST CO. et al. v. AMERICAN SILK MILLS, Inc.

Circuit Court of Appeals, Second Circuit.

January 3, 1938.

Attorney(s) appearing for the Case

O'Connor & Farber, of New York City (Arnold T. Koch and Earle R. Koons, both of New York City, of counsel), for plaintiffs-appellees and appellants.

Henry I. Fillman, of New York City (Maxwell C. Katz and Henry I. Fillman, both of New York City, of counsel), for defendant-appellant and appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

In January, 1930, defendant leased a loft at 500 Seventh avenue, New York City, from Garment Center Capitol, Inc., for a term beginning February 1, 1930, and ending January 30, 1934, at an annual rent of $15,200, payable in monthly installments of $1,266.67 on the first day of each month. The defendant failed to pay the rent for December, 1932, and January, 1933. Pursuant to the provisions of the lease the receivers of Garment Center...

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