Fudickar v. Glenn
| Decision Date | 11 December 1916 |
| Docket Number | 2962. |
| Citation | 237 F. 808 |
| Parties | FUDICKAR v. GLENN et al. In re ECONOMY MERCANTILE CO., Limited. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Rehearing Denied January 10, 1917.
Allan Sholars, of Monroe, La. (Hudson, Potts, Bernstein & Sholars of Monroe, La., on the brief), for appellant.
Adolph Wolff and Percy Sandel, both of Monroe, La., for appellee.
Before PARDEE and WALKER, Circuit Judges, and GRUBB, District Judge.
At the time of the filing of the voluntary petition in bankruptcy by the Economy Mercantile Company on April 20, 1915, it occupied a building as the tenant of the appellant, Ernest Fudickar. The tenancy commenced under a written lease made in 1913 for a period of one year from June 15, 1913. By the terms of that lease the lessee had the right to renew the lease for one or two years more at its option at the same rental, $200 per month. By a written communication, addressed to the lessor and signed with the name of the lessee corporation by one of its officers, the lessor was notified on May 23, 1914 that, in accordance with the provision of the original lease the lessee accepted the leased premises for a period of two years at the rate of $200 per month. The lessee continued to occupy the premises, paid the stipulated rent to January 15, 1915, and its schedule, filed with its petition, of creditors to whom priority is secured by law, contained this item:
Fudickar filed a priority claim in the bankruptcy proceeding for the sum of $3,400, for rent at $200 per month from January 15, 1915, to June 15, 1916, asserting a lien upon the stock of goods, fixtures, and furniture in the leased premises. The referee allowed this claim to the extent of $3,126.70, being the stipulated rent to the date of the adjudication of bankruptcy, May 4, 1915, and for one year from that time. The District Court reversed this order to the extent of disallowing all rent accruing under the contract of lease after the filing of the petition in bankruptcy. The appeal is from the decree to this effect.
We do not think that there is any merit in the contention that the bankrupt corporation did not bind itself by a renewal of the lease for two years. With full knowledge of the facts, it acquiesced in the act of its officer, who undertook to renew the lease in its name. It continued to occupy the premises paid rent pursuant to the renewal agreement, and recognized that its occupation of the premises was under a lease which was unexpired at the time...
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...Realty Co., 76 F.2d 271 (5th Cir. 1935); Lerner Stores Corp. v. Electric Maid Bake Shops, 24 F.2d 780 (5th Cir. 1928); Fudickar v. Glenn, 237 F. 808 (5th Cir. 1916); In re Meyer & Bleuler, 195 F. 653 A careful reading of the lease discloses no contractually conferred lien3 so the effect of ......
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...may be noted the following cases: A seller's lien in Norris v. Trenholm (C. C. A.) 209 F. 827; a Louisiana rent lien in Fudickar v. Glenn (C. C. A.) 237 F. 808; a mechanic's lien in Morgan v. First National Bank (C. C. A.) 145 F. 466, and Eggleston v. Birmingham Purchasing Co. (C. C. A.) 15......
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