Charles Goell Construction Co. v. Faber

The action was brought to recover the rent for the months of February to September, 1929, both inclusive, under a written lease of an apartment commencing November 1, 1927, and terminating September 30, 1929. The defendant tenant pleads as a separate defense that on February 27, 1929, the defendant filed a petition to be adjudged a bankrupt, and listed in the schedules the plaintiff’s claim, and that on the same day defendant was adjudged a bankrupt. A motion was made to strike out this defense as insufficient in law.

It has been held in this State, and must be regarded as the law, that under…