Opinion
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT.
No. 173.
Argued November 6, 1934. Decided December 3, 1934.
Decided upon the authority of Irving Trust Co. v. A.W. Perry, Inc., ante, p. 307. Affirmed.
CERTIORARI to review a judgment affirming a judgment of the District Court which allowed a claim in bankruptcy based upon a covenant in a lease.
Mr. Lester D. Melzer, with whom Mr. Irving L. Ernst was on the brief, for petitioner.
Mr. Burton E. Eames for respondents.
This case is ruled by No. 22, Irving Trust Co. v. A.W. Perry, Inc., decided this day, ante, p. 307. The stipulation in the lease is in all pertinent respects similar to that involved in No. 22. The judgment of the Circuit Court of Appeals, affirming an order of the District Court admitting proof of claim, was therefore right, and is
Affirmed.