Wilder v. Peabody
Supreme Court of Minnesota
The firm of Bristol & McArthur made an assignment for the benefit of creditors, under the provisions of Laws 1881, c. 148, to A. M. Peabody.
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The firm of Bristol & McArthur made an assignment for the benefit of creditors, under the provisions of Laws 1881, c. 148, to A. M. Peabody. At the time of the assignment, on August 28, 1885, the insolvents were occupying premises under a lease which by its terms would not terminate till 1890. The lessor, Amherst H. Wilder, filed with the assignee a claim against the insolvents for the rent to accrue under the lease for the full term, amounting to over $15,000. This claim being disallowed by the assignee, an appeal was taken to the district court for Bamsey county, where the matter was tried,…
1Opinion of the Court
Mitchell, J.1
The question raised by this appeal is whether rent accruing under a lease after the date of an assignment by the lessee for the benefit of creditors, under the insolvent law, (Laws 1881, c. 148,) is provable as a debt or claim against his estate. We are clearly of the opinion that it is not. The assignment is for the benefit of creditors having existing debts against the assignor at the time of the assignment. But rent does not accrue to the lessor as a debt or claim, unless payable in advance, until the lessee has enjoyed the use of the premises. It may never become due, for the…
2Cases cited4 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- English v. KeySupreme Court of Alabama · 1863
- Riggin v. MagwireSupreme Court of the United States · 1873
- Ex parte HoughtonDistrict Court, D. Massachusetts · 1871
3Cited by17 opinions
- Anoka Lumber Co. v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1895
- Ambrozich v. City of EvelethSupreme Court of Minnesota · 1937
- Devore v. LeeSupreme Court of Florida · 1947
- Kalichoff v. NelsonSupreme Court of Minnesota · 1895
- Minneapolis Baseball Co. v. City BankSupreme Court of Minnesota · 1898
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