Bowditch v. Raymond
Massachusetts Supreme Judicial Court
Appeal from a decision of the Court of Insolvency, disallowing the claim of the appellants against an insolvent estate. The appeal was heard in the Superior Court, without a jury, by Mason, J., on agreed facts, which, so far as material, are as follows: On March 30, 1883, the appellants, as trustees, made a lease to McDewell and Adams of the premises numbered 156 Tremont Street in Boston for a term of ten years “ from the first day of November, A. D. 1884,” at a yearly rent…
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Appeal from a decision of the Court of Insolvency, disallowing the claim of the appellants against an insolvent estate. The appeal was heard in the Superior Court, without a jury, by Mason, J., on agreed facts, which, so far as material, are as follows: On March 30, 1883, the appellants, as trustees, made a lease to McDewell and Adams of the premises numbered 156 Tremont Street in Boston for a term of ten years “ from the first day of November, A. D. 1884,” at a yearly rent of $10,000, payable in equal monthly payments, the first payment to be made on December 1, 1884. The lease provided…
1Opinion of the CourtMorton, C. J.
Under our insolvent law, prior to the St. of 1879, c. 245, no debts, with certain exceptions not material to this case, were provable, unless they were debts “absolutely due ” at the time of the first publication of the notice of issuing the warrant. It has accordingly been repeatedly held that future rent, to accrue under a lease in which the insolvent debtor is lessee, cannot be proved. Savory v. Stocking, 4 Cush. 607. Treadwell v. Marden, 123 Mass. 390. Deane v. Caldwell, 127 Mass. 242. Ex parte Houghton, 1 Lowell, 554.
The principle of these cases is, that such rent is not a debt…
2Cases cited4 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Ex parte HoughtonDistrict Court, D. Massachusetts · 1871
- Ex parte LakeDistrict Court, D. Massachusetts · 1877
- Treadwell v. MardenMassachusetts Supreme Judicial Court · 1877
3Cited by18 opinions
- Atkins v. WilcoxCourt of Appeals for the Fifth Circuit · 1900
- Towle v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1923
- Cotting v. Hooper, Lewis & Co.Massachusetts Supreme Judicial Court · 1915
- Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1942
- Edmands v. Rust & Richardson Drug Co.Massachusetts Supreme Judicial Court · 1906
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