Savory v. Stocking
Massachusetts Supreme Judicial Court
This was an action of debt, to recover one quarter’s rent due on the 9th of July, 1842, on a lease for years dated July 9th, 1841, reserving rent payable quarterly.
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This was an action of debt, to recover one quarter’s rent due on the 9th of July, 1842, on a lease for years dated July 9th, 1841, reserving rent payable quarterly. The defence was a discharge duly obtained by the defendant under the bankrupt law of the United States, for the benefit of which he petitioned on the 28th of June, 1842. The defendant occupied the premises until the 4th of August, 1842, which was the date of the writ, and was then ejected by the statute process of forcible entry and detainer.
1Opinion of the CourtFletcher, J.
The discharge in bankruptcy does not discharge this claim, and the plaintiff must have judgment for one quarter’s rent. The petition in bankruptcy was on the 28th of June, 1842. The quarter under the lease expired and the rent for the quarter now claimed became due on the 9tli of July, 1842. This was not a debt due at the time of the discharge, nor was it a contingent debt within the meaning of the bankrupt law, because the claim is in part for the occupancy of the premises by the bankrupt after the discharge, and though that part be but a small part, it does not affect the principle. The…
2Cases cited2 opinions
- Bosler v. KuhnSupreme Court of Pennsylvania · 1844
- Hendricks v. JudahNew York Supreme Court · 1804