Legal Opinion

In re Merrifield

District Court, S.D. New York

Decided June 14, 1869PublishedCited by 2 opinions

The bankrupt [Truman Merrifield] filed his petition December 26th, 1868, at which time he had a stock of goods at No. 230 Water street, which premises he occupied under a verbal lease from B. Stephens and others from May 1st, 1868, to May 1st, 1869, at a rent of sixteen hundred dollars a year, and the taxes on the property.

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The bankrupt [Truman Merrifield] filed his petition December 26th, 1868, at which time he had a stock of goods at No. 230 Water street, which premises he occupied under a verbal lease from B. Stephens and others from May 1st, 1868, to May 1st, 1869, at a rent of sixteen hundred dollars a year, and the taxes on the property. Upon filing his petition, the bankrupt surrendered his property to the register, John Fitch, and delivered to him the key of said store, and the register thereupon placed a man in charge of the property. After the appointment of an as-signee on the 27th day of February,…

1Opinion of the Court

BLATCHFORD, District Judge.

I think that the assignee ought to pay rent for the store from December 26th, 1868, to April 1st, 1869, at the rate of sixteen hundred doRars per annum, and for no other period, at any rate.

2Cited by2 opinions

  1. Central Trust Co. v. Wabash, St. L. & P. Ry. Co.U.S. Circuit Court for the District of Eastern Missouri · 1888
  2. Taylor v. FarmerCourt of Appeals of Kentucky · 1883

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