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Connecticut Railway, & Lighting Co. v. Palmer, 305 U.S. 493 (1939)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Connecticut Railway, & Lighting Co. v. Palmer, 305 U.S. 493 (1939)
Connecticut Railway, & Lighting Co. v. Palmer No. 63 Argued November 10, 14, 1938 Decided January 3, 1939 305 U.S. 493
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Review by certiorari is limited to the grounds upon which the writ was sought and allowed. A ruling to which there was but a mere reference in the petition, without request for review, not considered. P. 496.
2. The measure of damages upon rejection of a lease in a railroad reorganization proceeding under § 77 of the Bankruptcy Act, as amended Aug. 27, 1935, is the actual damages determinable as in equity proceedings and upon evidence. The Act fixes no limit to the amount of actual damages. Only such damages as are susceptible of definite, satisfactory proof may be allowed. Pp. 497-503.
The provisions of the Act with respect to such claims in railroad reorganization are compared with those limiting like claims against individual debtors and in general corporate reorganization.
3. The conclusion that, in a railroad reorganization proceeding under § 77 of the Bankruptcy Act as amended, upon rejection of a lease with 969 years still to run, the lessor’s damages were limited to the rent accrued, up to the latest practicable date in the reorganization for presentation of its claim, diminished by the net earnings of the property -- thus barring proof of damages for loss of rent falling due after that date, and destroying, by operation of subdivision (f), the right of further recovery for such injury from the debtor after reorganization -- held erroneous. Id.
4. Improvements and sinking funds which came into the possession of the lessor by the terms of the lease held not to be considered as offsets against the claim of the lessor herein. P. 505.
5. Section 63(a)(9) of the Bankruptcy Act held inapplicable to the present controversy. P. 506.
95 F.2d 483 reversed.
Certiorari, post, p. 584, to review a decree which modified and affirmed a decree of the bankruptcy court determining a claim arising out of the rejection of a lease in a proceeding under § 77 of the Bankruptcy Act.
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Chicago: U.S. Supreme Court, "Syllabus," Connecticut Railway, & Lighting Co. v. Palmer, 305 U.S. 493 (1939) in 305 U.S. 493 305 U.S. 494. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=GWAZ1ANL3KASTXY.
MLA: U.S. Supreme Court. "Syllabus." Connecticut Railway, & Lighting Co. v. Palmer, 305 U.S. 493 (1939), in 305 U.S. 493, page 305 U.S. 494. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GWAZ1ANL3KASTXY.
Harvard: U.S. Supreme Court, 'Syllabus' in Connecticut Railway, & Lighting Co. v. Palmer, 305 U.S. 493 (1939). cited in 1939, 305 U.S. 493, pp.305 U.S. 494. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=GWAZ1ANL3KASTXY.
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