Rand, McNally & Co. v. Francis

Appellant was the landlord, and the appellee is the assignee in insolvency, of one Leon Hornstein. After the assignment, the appellee continued to occupy the premises for nearly two months, and for the time of that occupation the rent has been paid.

Row the appellant claims that the whole rent which had accrued before the assignment, as well as all unpaid, which would accrue to the end of the term, should be allowed as a preferred debt against the assets of the insolvent.

The County Court allowed such rent, but only to be paid fro rata with other debts, and this appeal is from the refusal to…