44 Pa. Super. 640 | Pa. Super. Ct. | 1910
Opinion by
This controversy arises out of the settlement of the account of the receiver of the Carlenwright Lamp & Brass Company. The particular question involved is whether rent due by the insolvent company to its landlord at the time of the appointment of the receiver by the court of common pleas is entitled to preference over the claims of the receiver for expenses incurred in the administration of his trust during the receivership. The National Brass & Iron Works leased to the Carlenwright Company the premises occupied by the latter and there was due
Rutherford v. Pennsylvania Midland Railroad Company, 178 Pa. 38; Wallace v. Loomis et al., 97 U. S. 146, and the Wabash, St. Louis & Pacific Railway Company v. Central Trust Company of New York, 22 Fed. Repr. 269, are cases relating to receiverships of railroad companies which are public corporations; the continued operation of which, generally speaking, is important not only to the creditors but to the public and the doctrine applicable to the maintenance of the physical property of such companies under receiverships rests on a different footing from that affecting private manufacturing companies. It is not necessary here to enter into a consideration of the distinction between the two classes of corporations and the reasons controlling the courts in the administration of insolvent trusts relating thereto. In the present case no interests of the landlord were subserved by the receivership and no rights existing at that time could be lawfully defeated by such receivership.
The decree is affirmed.