In Re Newark Shoe Stores, Inc.

COLEMAN, District Judge.

The question here arises on a petition by the trustees in bankruptcy to review an order of the referee allowing a landlord’s claim against the bankrupt tenant, Newark Shoe Stores, Inc., for a full month’s rent. Under the terms of the written lease, the rent was payable in advance in monthly installments of $230 each, on the first day of every month. The petition in bankruptcy was filed and adjudication occurred on the 19th of February, 1932. The bankrupt neither occupied the premises during any part of the month of February, nor paid any of the February rent. The…