Hendricks v. Judah
New York Supreme Court
Action on the case, for the use and occupation of a house. One count was on a parol agreement by the defendant with the plaintiff, to take a house of him, which the defendant afterwards refused to occupy^ or pay the rent for. The other, money paid, laid out, and expended, to the.use of the defendant.
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Action on the case, for the use and occupation of a house. One count was on a parol agreement by the defendant with the plaintiff, to take a house of him, which the defendant afterwards refused to occupy^ or pay the rent for. The other, money paid, laid out, and expended, to the.use of the defendant. A verdict having been rendered for the plaintiff, the question of his right to recover was reserved for the opinion of the court, on a case which was shortly this: The defendant applied to a Mrs. Bowne to rent him a house from the first of May, 1800, to the first of May, 1801. This she refused to…
1Opinion of the CourtLivingston, J.
The only ground on which a certificated bankrupt can expect to be exonerated from a demand of this kind, is the hardship of continuing liable after a surrender of all his estate, and among the rest, this very property, to assignees for the benefit of all lfis creditors ; but is this the fact ? It: does not appear by the case. We well know that a house of this kind, on so short a lease, is not worth more than the rent reserved, and (notwithstanding the generality of the assignment) is not taken possession of by the *assignees.(c) It continues in the bankrupt’s occupation, and if so, as we must…
2Cases cited1 opinion
- Seton, Maitland & Co. v. LowNew York Supreme Court · 1799
3Cited by4 opinions
- Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
- In re WashburnDistrict Court, D. Massachusetts · 1874
- In re HufnagelDistrict Court, E.D. Michigan · 1875
- Savory v. StockingMassachusetts Supreme Judicial Court · 1849