In re Webb
District Court, D. Kentucky
The bankrupt held n lease from Gustavus Schurman’s estate, now in the hands of Robert Cochran, as receiver, by order of the Louisville chancery court, at an annual rental of two-thousand seven hundred dollars, which lease expires on the first day of July, eighteen hundred and seventy-two.
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The bankrupt held n lease from Gustavus Schurman’s estate, now in the hands of Robert Cochran, as receiver, by order of the Louisville chancery court, at an annual rental of two-thousand seven hundred dollars, which lease expires on the first day of July, eighteen hundred and seventy-two. J. C. Webb A Co. were forced into bankruptcy on the ninth day of October, eighteen hundred and seventy-one. and the assignee took possession of the leased premises, and held the same up to (January thirteenth. eighteen hundred and seventy-two. for the purpose of selling off the stock on hand, at which time…
1Opinion of the Court
BALLARD, District Judge.
I am induced to the opinion that under the bankrupt act the landlord's right to rent against the bankrupt’s estate expires on the day of the adjudication. If the assignee occupy the premises after that day, he, and not the estate, is liable for the rent. But, of course, when his occupancy is for the benefit of the estate, and is in fact beneficial, he will be credited by the rent which he is obliged to pay. In this case the rent should be paid to January thirteenth, eighteen hundred and seventy-two, and no longer.
2Cited by1 opinion
- In re JeffersonDistrict Court, D. Kentucky · 1899