Stinemets v. Ainslie
New York Supreme Court
Error to the superior court of the city of New-York, where assumpsit was brought by Ainslie against Stinemets. On the 8th of April, 1842, the plaintiff demised to the defendant certain premises in the city of New-York for the term of one year from the first day of May then next, at the annual rent of $600 payable-quarterly, which rent the defendant promised'in writing to pay.
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Error to the superior court of the city of New-York, where assumpsit was brought by Ainslie against Stinemets. On the 8th of April, 1842, the plaintiff demised to the defendant certain premises in the city of New-York for the term of one year from the first day of May then next, at the annual rent of $600 payable-quarterly, which rent the defendant promised'in writing to pay. The defendant entered ánd occupied the premises for the whole year, ending May 1, 1843. Under the agreement, the plaintiff claimed' to- recover the last quarter’s rent, from February first to May first, 1843. The…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The discharge only goes to such debts as the defendant owed at the time of presenting his petition, and the rent which the plaintiff seeks to recover accrued subsequent to that time. Although the agreement to pay rent was made prior to the bankruptcy, it is settled, that the discharge does not bar an action on the agreement, for rent accruing subsequent to the bankruptcy. (Lansing v. Prendergast, 9 John. 127, and cases there cited.) The defendant’s assignee never took possession of the demised premises, nor does it appear in any other way that he ever elected to…
2Cases cited1 opinion
- Lansing v. PrendergastNew York Supreme Court · 1812
3Cited by5 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Crafts v. MottNew York Supreme Court · 1849
- Bennett v. BartlettMassachusetts Supreme Judicial Court · 1850
- Robinson v. . PesantNew York Court of Appeals · 1873
- In re Ten EyckDistrict Court, N.D. New York · 1872