Deane v. Caldwell
Massachusetts Supreme Judicial Court
Appeal from the decision of commissioners upon the insolvent estate of William Caldwell deceased. Trial without a jury before JEndicott, J., who reported for the determination of the full court the following case: The plaintiffs made a lease by indenture of a shop and factory in Boston to William Caldwell for the term of five years from December 15,1874, at a yearly rent of $4000, payable quarterly.
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Appeal from the decision of commissioners upon the insolvent estate of William Caldwell deceased. Trial without a jury before JEndicott, J., who reported for the determination of the full court the following case: The plaintiffs made a lease by indenture of a shop and factory in Boston to William Caldwell for the term of five years from December 15,1874, at a yearly rent of $4000, payable quarterly. The lessee paid the rent to June 15, 1875, and died September 16, 1875. The defendant was appointed administrator of his estate, and remained in occupation of the premises until July 1, 1876, and…
1Opinion of the CourtGray, C. J.
Before the day at which rent is covenanted to be paid, it is in no sense a debt; it is neither debitum nor solvendum ; for if the lessee is evicted before that day, it never becomes payable. Bordman v. Osborn, 23 Pick. 295. It is not within the provision of a bankrupt act, allowing “ uncertain or contingent demands ” to be proved against the estate of a bankrupt; because it is not an existing demand the cause of action on which depends upon a contingency, but the very existence of the demand depends upon a contingency. U. S. St. August 19, 1841, § 5. Riggin v. Magwire, 15 Wall. 549. French v.…
2Cases cited10 opinions
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Riggin v. MagwireSupreme Court of the United States · 1873
- Randall v. RichMassachusetts Supreme Judicial Court · 1814
- Amory v. KannoffskyMassachusetts Supreme Judicial Court · 1875
- Bosler v. KuhnSupreme Court of Pennsylvania · 1844
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3Cited by64 opinions
- Watson v. MerrillCourt of Appeals for the Eighth Circuit · 1905
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Johnson v. StoneMassachusetts Supreme Judicial Court · 1913
- Ambrozich v. City of EvelethSupreme Court of Minnesota · 1937
- Brown v. SchleierCourt of Appeals for the Eighth Circuit · 1902
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