IN RE HOBOKEN MFRS.' R. CO.

No. 4873a.

56 F.Supp. 187 (1944)

In re HOBOKEN MFRS.' R. CO.

District Court, D. New Jersey.

August 4, 1944.


Attorney(s) appearing for the Case

Carpenter, Gilmour & Dwyer, by James D. Carpenter, Jr., and Charles B. Collins, all of Jersey City, N. J., for trustee.

Collins & Corbin, by Edward A. Markley, all of Jersey City, N. J., for Hoboken Manufacturers' R. Co. and Seatrain Lines, Inc.

Wall, Haight, Carey & Hartpence, by Edward J. O'Mara, all of Jersey City, N. J, for Hoboken Railroad, Warehouse & Steamship Connecting Co., and Hoboken Land & Improvement Co.


FAKE, District Judge.

This is a railroad reorganization proceeding under 11 U.S.C.A. § 205.

The present issues arise on a motion to permit the lessor to terminate a ninety-nine year railroad lease executed June 19, 1906, on the ground of a breach of the terms of the lease. The clause relied upon by the lessor, insofar as pertinent, reads as follows:

"The Lessee shall not and will not sell, assign or transfer this lease or underlet the demised...

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