Martin v. Black
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit. A judgment creditor’s bill was filed in this cause, and a receiver of the defendant’s property was appointed in October, 1841, and the defendant afterwards assigned his property to such receiver. At the time of the appointment of the receiver, the defendant was tenant to the appellant Graham, and his furniture was in the house upon the demised premises.
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This was an appeal from a decision of the vice chancellor of the first circuit. A judgment creditor’s bill was filed in this cause, and a receiver of the defendant’s property was appointed in October, 1841, and the defendant afterwards assigned his property to such receiver. At the time of the appointment of the receiver, the defendant was tenant to the appellant Graham, and his furniture was in the house upon the demised premises. On the first of November, 1841, $89,29 was due to the appellant for rent, and on the first of February thereafter the further sum of $51,25 became due. On the 28th…
1Opinion of the Court
The Chancellor.
Where the goods are remaining on the demised premises at the time the landlord attempts to exercise his right to distrain, and the only impediment to the exercise of the right is the possession of the court, by its receiver, it appears to be the settled practice in England to order the receiver to pay the arrears of rent out of *643the proceeds of the property, or to permit the landlord to proceed with his distress notwithstanding the receivership. (Smith's Off. of Rec. 78. Dixon v. Smith, 1 Swans. 457.) In this case, however, the property was actually removed by the receiver…
2Cited by26 opinions
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Gaither v. StockbridgeCourt of Appeals of Maryland · 1887
- Matter of Application of OtisNew York Court of Appeals · 1886
- Smith v. GoodmanIllinois Supreme Court · 1893
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