In re Ten Eyck
District Court, N.D. New York
This case came before the court upon the certificate of the register in charge, upon a statement of facts and of controverted questions assumed to have arisen between the assignee in bankruptcy and the lessors in a lease made to the bankrupts, as follows, viz.: “The said lessors, to wit: the executors and executrix of Nathan Burr, deceased, by said written lease demised for the term of three years from May first, eighteen hundred and seventy, to said bankrupts [Ten Eyck &…
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This case came before the court upon the certificate of the register in charge, upon a statement of facts and of controverted questions assumed to have arisen between the assignee in bankruptcy and the lessors in a lease made to the bankrupts, as follows, viz.: “The said lessors, to wit: the executors and executrix of Nathan Burr, deceased, by said written lease demised for the term of three years from May first, eighteen hundred and seventy, to said bankrupts [Ten Eyck & Choate] the three upper stories or lofts of the ‘Suydam’ store, number 86 Gen-esee street, and the said bankrupts occupied…
1Opinion of the Court
HALL, District Judge.
In my judgment it is not proper for me now to decide either of the questions presented by the annexed submission, to which the lessors therein referred to and the assignee in bankruptcy are the only parties, unless the second presents the question of the liability of the as-signee in bankruptcy in the character of an assignee of the lease.
The first question is one in which the as-signee has no interest, as it can only be yjroperly adjudicated in a suit brought to enforce such liability, and a decision of the question in this proceeding would not bind the parties to such…
2Cases cited7 opinions
- Martin v. BlackNew York Court of Chancery · 1842
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
- Carter & Carter v. Hammett & BalchNew York Supreme Court · 1851
- Murray v. De RottenhamNew York Court of Chancery · 1822
- Lewis v. BurrThe Superior Court of New York City · 1861
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