Legal Opinion

Robinson v. . Pesant

New York Court of Appeals

Decided September 23, 1873PublishedCited by 1 opinion

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, reversing a portion of a judgment in favor of plaintiffs entered upon the decision of the court at Special Term.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, reversing a portion of a judgment in favor of plaintiffs entered upon the decision of the court at Special Term. The action was brought to foreclose the plaintiffs’ lien as warehousemen, for the storage of a caloric engine and machinery appurtenant thereto, and for a personal judgment against the defendants, for any deficiency that should remain after the sale of the property and the application of the proceeds. The property was delivered to the plaintiffs, to be stored, December 29, 1865, under…

1Opinion of the CourtRapallo, J.

The liability of the defendants for the storage was a continuing liability, and bound them to pay for storing the property so long as it might remain on storage. It was in the nature of rent for the storage accommodations provided by the plaintiffs.

So much of this rent or compensation as had accrued at the time Pesant filed his petition in bankruptcy was an existing debt clearly provable against his estate, and, consequently, barred by his discharge.

But the property was suffered to remain on plaintiffs’ premises after the filing of the petition, and a claim for that subsequent storage has…

2Cases cited1 opinion

  1. Stinemets v. AinslieNew York Supreme Court · 1847

3Cited by1 opinion

  1. Heywood v. ShreveSupreme Court of New Jersey · 1882

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