In re Whealton Restaurant Co.

E.D. Pennsylvania

In re Whealton Restaurant Co.

143 F. 921, 1906 U.S. Dist. LEXIS 320

CourtDistrict Court, E.D. Pennsylvania

DecidedFebruary 21, 1906

DocketNo. 2,276

StatusPublished

This text of 143 F. 921 (In re Whealton Restaurant Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Whealton Restaurant Co., 143 F. 921, 1906 U.S. Dist. LEXIS 320 (E.D. Pa. 1906).

Pincite

Opinion

HOLLAND, District Judge.

Although sections 83, 84, and 85 of the Pennsylvania act of 1836 (P. L. 777) provide that the goods and chattels upon any demised premises, liable to the distress of the landlord, which have been taken by virtue of an execution, shall be liable for the rent in arrears for one year at the time of such taking, the landlord has no lien which will be preserved in a court of bankruptcy, where the bankruptcy proceedings were instituted within four months of the issuing of the execution. Nor do the cases referred to by the claimant sustain the contention that he, as landlord in this case, had a lien upon the goods under the Pennsylvania act before the execution was issued which the bankrupt act will preserve.

The referee’s order dismissing the petition is affirmed.

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HOLLAND, District Judge.

Although sections 83, 84, and 85 of the Pennsylvania act of 1836 (P. L. 777) provide that the goods and chattels upon any demised premises, liable to the distress of the landlord, which have been taken by virtue of an execution, shall be liable for the rent in arrears for one year at the time of such taking, the landlord has no lien which will be preserved in a court of bankruptcy, where the bankruptcy proceedings were instituted within four months of the issuing of the execution. Nor do the cases referred to by the claimant sustain the contention that he, as landlord in this case, had a lien upon the goods under the Pennsylvania act before the execution was issued which the bankrupt act will preserve.

The referee’s order dismissing the petition is affirmed.

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Bluebook (online)

143 F. 921, 1906 U.S. Dist. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-whealton-restaurant-co-paed-1906.