MOHONK REALTY CORP.

v.

WISE SHOE STORES, INC.

Citator

Cited By (14 total)

• In re Cochise Coll. Park, Inc. v. Perry, 703 F.2d 1339 (9th Cir. 1983)
  …ory contract continues in effect and the non-bankrupt party to the executory contract is not a creditor with a provable claim against the bankrupt estate. See Mohonk Realty Corp. v. Wise Shoe Stores, Inc., Ill F. 2d 287, 290 (2d Cir.), cert. denied, 311 U.S. 654, 61 S.Ct. 47, 85 L.Ed. 418 (1940). Where a bankrupt is in reorganization under Chapter X, the trustee need not affirm or reject an executory contract until a reorganization plan is submitted. 6 J. Moore & L. King, Collier on Bankruptcy ¶ 3.23[6], a…

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• N. Am. Car Corp. v. Peerless Weighing & Vending Mach. Corp. (Rock-Ola MFG. Corp., 143 F.2d 938 (2d Cir. 1944)
  …ms must rest very largely in. the sound discretion of the court, as we have recently held in Kelby v. Prudence-Bonds Corp., 2 Cir., 140 F. 2d 185, 186. See, also, Mohonk Realty Corp. v. Wise Shoe Stores, 2 Cir., 111 F. 2d 287, 289, certiorari denied 311 U.S. 654, 61 S.Ct. 47, 85 L.Ed. 418. But that must be a discretion legally exercised in the light of all the circumstances, and ’ we are constrained to believe here that its exercise was erroneous and amounted to an abuse of the court’s power. As we have se…
• Grand Union Equip. Co., Inc v. Lippner, 167 F.2d 958 (2d Cir. 1948)
  …the decree. The latter obj ection we may dispose of shortly. Assuming the existence of power, we should review only its discretionary exercise for abuse of discretion. Mohonk Realty Corp. v. Wise Shoe Stores, 2 Cir., 111 F. 2d 287, certiorari denied 311 U.S. 654, 61 S.Ct. 47, 85 L.Ed. 418; Baylor v. 1775 Broadway Corp., 2 Cir., 146 F. 2d 487. Not only was this not shown, but the action taken seems wise and reasonable. It is suggested that the insurer has other defenses; if so, of course it can [*960] assert…