White v. Griffing
Supreme Court of Connecticut
Assumpsit, upon a guarantee of the performance by a lessee of his covenants in a lease; brought to the Superior Court in Fairfield County, and tried to the jury, upon the general issue with notice, before Beardsley, J. Upon the trial the plaintiff introduced in evidence a written lease made by himself to one Charles E. Griffing and the guarantee of the defendant thereon, with evidence of the due execution of the same, and also evidence to prove that upon the execution of the…
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Assumpsit, upon a guarantee of the performance by a lessee of his covenants in a lease; brought to the Superior Court in Fairfield County, and tried to the jury, upon the general issue with notice, before Beardsley, J. Upon the trial the plaintiff introduced in evidence a written lease made by himself to one Charles E. Griffing and the guarantee of the defendant thereon, with evidence of the due execution of the same, and also evidence to prove that upon the execution of the lease the lessee entered into possession of the leased premises, and continued in possession up to the 1st day of…
1Opinion of the Court
Paré, C. J.
It was an important question, in this case, whether Wildman, the assignee in bankruptcy, had elected to appropriate the lease in question for the benefit of the creditors of the bankrupt, and had performed some act of owner-. ship over the property in pursuance of such election. He was not bound to take the property and appropriate it for such purpose unless the lease was valuable. His duty required him to determine whether the lease would or would not be beneficial to the creditors of the bankrupt, and to act accordingly.
In Turner v. Richardson et al., 7 East, 336, Lord…
2Cited by6 opinions
- Watson v. MerrillCourt of Appeals for the Eighth Circuit · 1905
- In re Inman & Co.District Court, N.D. Georgia · 1909
- Witthaus v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1904
- In re Orpheum Circuit, Inc.District Court, S.D. New York · 1938
- Witthaus v. ZimmermannAppellate Division of the Supreme Court of the State of New York · 1904
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