Legal Opinion

Reynolds v. Fuller

Appellate Court of Illinois

Decided April 27, 1896Published

Voluntary Assignment.—Claim for rent. Appeal from the County Court of Cook County; the Hon. C. H. Donnelly, Judge, presiding.

1Opinion of the CourtJustice Waterman

An assignee of an insolvent estate has a reasonable time within which to determine whether he will keep such leasehold interest as his assignor had, subject to the payment of the stipulated rent, or will abandon the premises. If he elect to retain such leasehold and consequently to pay the rent accruing thereon, the election is, if not confirmed by the court, merely personal, binding him as assignee, and does not create a claim by the landlord against the estate. Whether the court will allow such rent to be paid out of the estate, or reimburse the assignee for payment thereof by him made, is…

2Cases cited6 opinions

  1. Smith v. GoodmanIllinois Supreme Court · 1893
  2. Sperry v. FanningIllinois Supreme Court · 1875
  3. Gill v. CarmineCourt of Appeals of Maryland · 1881
  4. Hackman v. MaguireMissouri Court of Appeals · 1886
  5. People Ex Rel. Wallace v. . AbbottNew York Court of Appeals · 1887

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