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IN RE UNITED CIGAR STORES CO.

No. 248.

69 F.2d 513 (1934)

In re UNITED CIGAR STORES CO. OF AMERICA. REISENWEBERS, Inc., v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

March 5, 1934.

Attorney(s) appearing for the Case

Zalkin & Cohen, of New York City (Israel Akselrod, of New York City, of counsel), for petitioner-appellant.

Cravath, de Gersdorff, Swaine & Wood, of New York City (William D. Whitney and R. L. Gilpatric, both of New York City, of counsel), for respondent-appellee.

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

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The principal question arising on this appeal relates to the extent of the rental obligation incurred by a trustee in bankruptcy, who, while determining whether to adopt or reject a lease of premises theretofore made to the bankrupt, has occupied only a part of the demised premises. Upon the present record, we think the trustee is liable only for use and occupation of the portion physically occupied...

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