Legal Opinion

Ex parte Faxon

District Court, D. Massachusetts

Decided July 1, 1869No. Case No. 4,704PublishedCited by 2 opinions

1Opinion of the Court

LOWELL, District Judge.

An assignee in bankruptcy, unless restrained by the terms of the lease itself, may adopt or reject a *1110term, as he finds most beneficial for the creditors, .and may take a reasonable time to decide the question. If he takes the lease he makes himself liable, on behalf of the estate, for the rent, including at least that of the current quarter, and this; he must consider in determining whether to adopt the lease. The petitioners would have done more wisely, perhaps, to insist on this at the time, but I see no ground for saying they have waived any of their rights. In…

2Cited by2 opinions

  1. Commonwealth v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1874
  2. Abbott v. StearnsMassachusetts Supreme Judicial Court · 1885

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