Rodick v. Bunker
Supreme Judicial Court of Maine
On report. Action of covenant on a lease. Writ dated August 4, 1890. The case is stated in the opinion. Lease passed, by the insolvency, to the assignee. Defendant was freed from further obligation to pay rent, unless he actually occupied the premises. Hoyt v. Stoddard, 2 Allen, 442; Gray v. Bennett, 3 Met. 525; Gomeyys v. Vasse, 1 Pet. 193; Shelton v. Godman, 3 Cush. 318; Bemis v. Wilder, 100 Mass. 44(3.
1Opinion of the CourtLibbey, J.
This is an action on a covenant in a lease of real estate for the payment of rent by the defendant. In defense he relies upon his discharge in insolvency by the court of insolvency of Hancock county, from the payment of all his debts which existed on the eighth day of October, 1888, the day on which he was declared an insolvent, in accordance with the terms of chapter 70 of the revised statutes. The lease sued on was executed by the parties on the fourteenth day of July, 1888, for the term from the thirteenth of March, 1888, to the twenty-first day of February, 1892, for which the defendant…
2Cases cited1 opinion
- Treadwell v. MardenMassachusetts Supreme Judicial Court · 1877