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IRVING TRUST CO. v. PERRY CO.

No. 22.

293 U.S. 307 (1934)

55 S.Ct. 150

79 L.Ed. 379

IRVING TRUST CO., TRUSTEE IN BANKRUPTCY, v. A.W. PERRY, INC.

Supreme Court of United States.

Decided December 3, 1934.

Attorney(s) appearing for the Case

Mr. Edward K. Hanlon, with whom Mr. Charles K. Beekman was on the brief, for petitioner.

Mr. Thomas F. Dougherty, with whom Messrs. Albert Stickney and Hersey Egginton were on the brief, for respondent.

By leave of Court, briefs amicorum curiae were filed by Messrs. Walter E. Hope and H. Struve Hensel on behalf of the Trustees in Bankruptcy of Louis K. Liggett Co., in support of petitioner; and Messrs. Thomas Hunt and Earle W. Carr on behalf of the Trustees of the A. Shuman Real Estate Trust, in support of respondent.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

The respondent was lessor in a lease having a number of years to run at the date of the tenant's bankruptcy. The writing stipulated:

". . . for the more effectual securing to the Lessor of the rent and other payments herein provided, it is agreed as a further condition of this lease that the filing of any petition in bankruptcy or insolvency by or against the...

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