Meighan v. Finn
| Decision Date | 05 March 1945 |
| Docket Number | No. 206.,206. |
| Citation | 146 F.2d 594 |
| Parties | MEIGHAN v. FINN. In re CHILDS CO. |
| Court | U.S. Court of Appeals — Second Circuit |
Lorenz, Finn & Lorenz, of New York City (Joseph Lorenz, of New York City, of counsel), for appellant.
Meighan & Necarsulmer, of New York City (Burton C. Meighan, Jr., and Louis A. Marchisio, both of New York City, of counsel), for appellee.
Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
Writ of Certiorari Granted March 5, 1945. See 65 S.Ct. 714.
This appeal involves a lease on 1553 Broadway in which the debtor conducts a restaurant in connection with the adjacent premises involved in the companion appeal decided herewith under the title of The 415 Fifth Avenue Company, Inc. v. Finn, 2 Cir., 146 F.2d 592. The lease now under consideration was made in 1922 for a term of years expiring April 30, 1947. It contains provisions by virtue of which the lessor contends that the term came to an end on August 26, 1943. On that date the lessee filed its petition for reorganization and in such petition stated that it is unable to pay its debts as they mature. On the same date the court approved the petition and appointed the appellee as the debtor's trustee. On June 23, 1944, the lessor gave written notice to the debtor's trustee that the lease "has ceased, determined and come to an end by virtue of the bankruptcy proceedings now pending * * * relating to the said Childs Company." This was followed by the lessor's petition upon which the court adjudged that the lease did terminate on August 26, 1943. The provisions of the lease relevant to that decision read as follows:
* * * * *
The sole issue presented by this appeal is whether the...
To continue reading
Request your trial
-
In re Delta Motor Hotel of Syracuse, Inc.
... ... By this construction all parts of the lease are given meaning. Meighan v. Finn, 146 F.2d 594, 595 (2nd Cir. 1944); aff'd, Finn v. Meighan, 325 U.S. 300, 65 S.Ct. 1147, 89 L.Ed. 1624 (1945) ... This ... ...
-
Finn v. Childs Co.
... ... Several of these matters have been heard upon appeal. 415 Fifth Ave. Co. v. Finn, 2 Cir., 146 F.2d 592, certiorari denied Finn v. 415 Fifth Ave. Co., 325 U.S. 856, 65 S.Ct. 1185, 89 L.Ed. 1976; Meighan v. Finn, 2 Cir., 146 F.2d 594, affirmed Finn v. Meighan, 325 U.S. 300, 65 S.Ct. 1147, 89 L.Ed. 1624; Finn v. 415 Fifth Ave. Co., 2 Cir., 153 F.2d 501, certiorari denied 415 Fifth Ave. Co. v. Finn, 328 U.S. 838, 66 S.Ct. 1014, 90 L.Ed. 1614; In re Childs Co., 2 Cir., 163 F.2d 379. The trustee also ... ...
-
Western Union Tel. Co. v. F. C. C.
... ... 2 See Majority Op. at n.1 ... 11 E g., Meighanghan v. Finn ... ...
-
Hol-Gar Manufacturing Corp. v. United States
... ... Comb Co. v. United States, 100 Ct.Cl. 259 (1943); New Wrinkle v. John L. Armitage & Co., 238 F.2d 753, 757 (3d Cir. 1956); Meighan v. Finn, 146 F.2d 594, 595 (2d Cir. 1944), affirmed 325 U.S. 300, 65 S.Ct. 1147, 89 L.Ed. 1624 (1945); Cities Service Gas Co. v. Kelley-Dempsey & ... ...