Treadwell v. Marden
Massachusetts Supreme Judicial Court
Contract to recover a monthly instalment of rent, alleged to have been payable by the defendants to the plaintiffs on June 7, 1876. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions in substance as follows: The plaintiffs leased to the defendants an estate in Boston, for the term of one year from November 7, 1875. By the terms of the lease the defendants covenanted to pay an annual rent of $2000, in monthly instalments of…
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Contract to recover a monthly instalment of rent, alleged to have been payable by the defendants to the plaintiffs on June 7, 1876. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions in substance as follows: The plaintiffs leased to the defendants an estate in Boston, for the term of one year from November 7, 1875. By the terms of the lease the defendants covenanted to pay an annual rent of $2000, in monthly instalments of $167.67, on the seventh day of every month, beginning on December 7, 1875. On May 26,1876, the defendants filed their petition…
1Opinion of the CourtMorton, J.
The bankrupt law provides that a discharge duly granted shall! with certain exceptions which do not apply in this case, “ release the bankrupt from all debts, claims, liabil*391ities and demands which were or might have been proved against his estate in bankruptcy.” U. S. Rev. Sts. § 5119. It also provides that “ where the bankrupt is liable to pay rent or other debt falling due at fixed and stated periods, the creditor may prove for a proportionate part thereof up to the time of the bankruptcy, as if the same grew due from day to day, and not at such fixed and stated periods.” § 5071.
This action…
2Cases cited1 opinion
- Ex parte HoughtonDistrict Court, D. Massachusetts · 1871
3Cited by4 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- In re EllsDistrict Court, D. Massachusetts · 1900
- Bowditch v. RaymondMassachusetts Supreme Judicial Court · 1888
- Rodick v. BunkerSupreme Judicial Court of Maine · 1892