Ex parte Houghton
District Court, D. Massachusetts
The petitioners hold a long lease of a shop on Washington street, Boston, and on the thirtieth day of May, 1868, they underlet the shop to James Fortune, the bankrupt, for eight years and ten months from the first day of the next June, being two days less than their own term, at a rent which was payable monthly and very largely in advance of what they paid.
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The petitioners hold a long lease of a shop on Washington street, Boston, and on the thirtieth day of May, 1868, they underlet the shop to James Fortune, the bankrupt, for eight years and ten months from the first day of the next June, being two days less than their own term, at a rent which was payable monthly and very largely in advance of what they paid. Fortune covenanted to pay the rent, and all taxes which should be assessed on said premises during said term, to make no alterations without the written consent of the petitioners, and to keep the premises in as good order as at the…
1Opinion of the Court
LOWELL, District Judge.
The most important question is, whether the petitioners can prove for the damages suffered by them In reletting the premises. The earlier law of England, which we have adopted in this country, was that the assignees of a bankrupt have a reasonable time to elect whether they will assume a lease which they find in his possession, and if they do not take it the bankrupt retains the term on precisely the same footing as before, with the right to •occupy, and the obligation to pay rent; if •they do take it he is released as in all other •cases of valid assignment, from all…
2Cases cited1 opinion
- Bosler v. KuhnSupreme Court of Pennsylvania · 1844
3Cited by12 opinions
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- Dushane v. BeallSupreme Court of the United States · 1896
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Palmer v. PalmerCourt of Appeals for the Second Circuit · 1939
- In re EllsDistrict Court, D. Massachusetts · 1900
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