Chemical National Bank v. Hartford Deposit Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. This was an action of assumpsit brought by the Hartford Deposit Company against the Chemical National Bank of Chicago and the receiver of the bank in the Superior Court of Cook County to recover damages for a failure to pay rent alleged to be due, under a written lease, from August 1, 1893, to April 30, 1894. The cause was submitted to the court for trial on a stipulation as to the facts, of- which the lease formed a part;…
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ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. This was an action of assumpsit brought by the Hartford Deposit Company against the Chemical National Bank of Chicago and the receiver of the bank in the Superior Court of Cook County to recover damages for a failure to pay rent alleged to be due, under a written lease, from August 1, 1893, to April 30, 1894. The cause was submitted to the court for trial on a stipulation as to the facts, of- which the lease formed a part; the issues were found in’ favor' of defendants and judgment was rendered accordingly. Plaintiff took the case to the…
1Opinion of the CourtChief Justice Fuller
It is not claimed that the express covenant to pay rent was released by the insolvency of the lessee merely ; nor that the election of the recéiver not to accept the lease had any effect on the contract between the lessor and the lessee ; nor-that, the lessor had done anything itself to terminate its rights under the lease. But it is argued that no judgment could be rendered against the bank because the appointment of a receiver amounted to its dissolution, and because the rent in question was not a demand existing at the date of the bank’s suspension, and, therefore, not a claim entitled to…
2Cases cited3 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872
- Rosenblatt v. JohnstonSupreme Court of the United States · 1882
3Cited by78 opinions
- Ames v. American National BankSupreme Court of Virginia · 1934
- United States v. WeitzelSupreme Court of the United States · 1918
- Petrogradsky Mejdunarodny Kommerchesky Bank v. National City BankNew York Court of Appeals · 1930
- Wells v. Hartford Manilla Co.Supreme Court of Connecticut · 1903
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
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