Abbott v. Stearns

This is a petition to this court, under the Pub. Sts. c. 157, § 15, to revise a decree of the Court of Insolvency. An application was made to that court by the lessors, alleging that a benefit had accrued to the estate by the use of the leasehold premises for the storage, sale, and delivery of the goods of the insolvent debtor, and praying that the assignee be ordered to pay the petitioners a reasonable sum for the use and occupation of the premises.

Before the St. of 1879, c. 245, § 1, the lessor might prove his claim against the estate of the lessee in insolvency for rent which had by the…