Prentiss v. Kingsley
Supreme Court of Pennsylvania
In error from the Common Pleas of Philadelphia. March 8. Case stated. The plaintiff, on the 28th February, 1842, demised a house to defendant, for one year from the 1st of May ensuing, at a yearly rent of $300, payable quarterly. On the 2d November, 1842, the tenant filed his petition in bankruptcy, and was decreed a bankrupt on the 30th December of the same year. In June, 1845, he was discharged as a bankrupt, and obtained his certificate.
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In error from the Common Pleas of Philadelphia. March 8. Case stated. The plaintiff, on the 28th February, 1842, demised a house to defendant, for one year from the 1st of May ensuing, at a yearly rent of $300, payable quarterly. On the 2d November, 1842, the tenant filed his petition in bankruptcy, and was decreed a bankrupt on the 30th December of the same year. In June, 1845, he was discharged as a bankrupt, and obtained his certificate. This action was brought for the last quarter’s rent, which accrued on 1st May, 1843. Judgment below was given for plaintiff.
1Opinion of the CourtBell, J.
The rent sought to be recovered in this action was, by the terms of the demise, payable on the 1st of May, 1843. The lessee, the now plaintiff in error, was decreed a bankrupt on the 30th of December, 1842.
Was the demand now made proveable under the bankrupt act of 1841? All claims and demands, existing at the date of the decree of bankruptcy, were so proveable; and, by the proviso of the fifth section, it was enacted that “All creditors, whose debts are not due and payable until a future day; all annuitants, holders of bottomry and respondentia bonds, holders of policies of insurance,…
2Cases cited4 opinions
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- Bosler v. KuhnSupreme Court of Pennsylvania · 1844
- Binns v. HudsonSupreme Court of Pennsylvania · 1813
- West v. SinkSupreme Court of Pennsylvania · 1798
3Cited by4 opinions
- Baldwin v. American Motor Sales Co.Supreme Court of Pennsylvania · 1932
- McClayton v. McClaytonCourt of Special Appeals of Maryland · 1986
- Com. v. Oum, K.Superior Court of Pennsylvania · 2015
- Commonwealth v. Dr. Crandall's Health School, Pennsylvania Court of Common Pleas, Dauphin County1946