FORT WORTH PROPERTIES CORP.

v.

IRVING TRUST CO., TRUSTEE

Citator

Cited By

• Grayson-Robinson Stores, Inc. v. Sec. & Exch. Comm'n, 320 F.2d 940 (2d Cir. 1963)
  …imate no views on that question or, in general, [*942] on the provability, amount, or discharge-ability, of claims on Grayson’s guarantees of subsidiaries’ leases. See Hippodrome Building Co. v. Irving Trust Co., 91 F. 2d 753 (2 Cir.), cert. denied, 302 U.S. 748, 58 S.Ct. 265, 82 L.Ed. 578 (1937). The provisions of Chapter XI that are relevant to such issues, §§ 307, 313, and 353, do not differ significantly from the corresponding provisions of Chapter X, §§ 106(1) and (4), 116(1), 202, and 216(4). The…
• Oldden v. Tonto Realty Corp., 143 F.2d 916 (2d Cir. 1944)
  …yment in place of the usual small dividend. Persuasive to this result is also the analogy of the decisions dealing with guaranty or surety contracts for rent. In Hippodrome Bldg. Co. v. Irving Trust Co., 2 Cir., 91 F. 2d 753, 756, certiorari denied 302 U.S. 748, 58 S.Ct. 265, 82 L.Ed. 578, we held that a lessor’s claim in a reorganization proceeding against a corporation which had guaranteed payment of the rent reserved in the lease and performance of the lessee’s covenants, the lease having been rejected…

  ← 1 / 3 →
• In re Grayson-Robinson Stores, Inc., 321 F.2d 500 (2d Cir. 1963)
  …ase, an agreement of guaranty of the lease is not an executory contract which the guarantor can reject. In re Schulte Retail Stores Corp., 105 F. 2d 986 (2d Cir., 1939); Hippodrome Bldg. Co. v. Irving Trust Co., 91 F. 2d 753 (2d Cir.), cert. denied, 302 U.S. 748, 58 S.Ct. 265, 82 L.Ed. 578 (1937); see 2 Remington, Bankruptcy 301 (Rev.Ed.1956). Where, as in the present case, the lessees involved have all defaulted on their leases and the guarantor’s liability has therefore attached, the situation may be cons…