Carstens

Carstens v. McLean

Good Law
7 F.2d 322·1925 U.S. App. LEXIS 3539
United States Court of Appeals for the Ninth CircuitAugust 3, 1925No. 4578California1,272 words

Opinion

Lead Opinion

Gilbert, J.

The appellants presented a claim against the bankrupt’s estate, which was allowed in the sum of $898.48, whereas they contend that it should have been allowed in the sum of $7,-616.70. The referee reduced the claim by disallowing (1) the item of $1,384.73 for the Commercial Waterway District -No. 1 assessment for 1919 against the property which the appellants had leased to the bankrupt; (2) by offsetting against the claim the sum of $2,841.75, the amount paid by the bankrupt for .such waterway district assessments for the years 1917 and 1918; and (3) by offsetting against the claim the sum of $2,-500, the amount of a deposit made by the bankrupt when the lease was entered into, to guarantee the faithful performance of its terms. The court below affirmed the referee’s report.

The lease was for a term of 5 years, and it required the bankrupt to pay “the annual taxes” on the property. The appel *323 lants contend that this was equivalent to an obligation to pay all taxes including the Commei'eial Waterway District No. 1 assessment. W o think that tho term “annual taxes” as used in the lease had reference to taxes for general revenues for the purpose of maintaining and carrying on…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.