Bailey v. Loeb
United States Circuit Court
[On appeal from the district court of the United States for the middle district of Alabama. [In bankruptcy. Application by Loeb & Brother for an order compelling Bailey, as-signee of the bankrupts, Shulman. Frank-ferter & Co., to pay rent for certain premises occupied by the bankrupts. The district court granted the order in part. Heard on the assignee’s petition for a review and reversal of this decision. At chambers.
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[On appeal from the district court of the United States for the middle district of Alabama. [In bankruptcy. Application by Loeb & Brother for an order compelling Bailey, as-signee of the bankrupts, Shulman. Frank-ferter & Co., to pay rent for certain premises occupied by the bankrupts. The district court granted the order in part. Heard on the assignee’s petition for a review and reversal of this decision. At chambers. This cause was a petition to review the action of the district court, [unreported,] sitting as a court of bankruptcy. The conceded facts were as follows: The defendants, Loeb &…
1Opinion of the Court
WOODS, Circuit Judge.
The first question for decision is, can rent, to accrue in future, after an adjudication in bankruptcy, be proven and allowed as a debt against the bankrupts’ estate?
The 19th section of the bankrupt act [March 2, 1867; 14 Stat. 525] (Rev. St. §§ 5067-5072) describes what debts may be proven, and it declares that no other debts than those specified in this section shall be proven or allowed against the estate. The case of rent falling due in the future, at fixed and stated periods, is specially provided for as follows: “When the bankrupt is liable to pay rent or other…
2Cases cited5 opinions
- Denham v. HarrisSupreme Court of Alabama · 1848
- Lansing v. PrendergastNew York Supreme Court · 1812
- Whidden v. ToulminSupreme Court of Alabama · 1844
- Frazier v. ThomasSupreme Court of Alabama · 1844
- North v. EslavaSupreme Court of Alabama · 1847
3Cited by4 opinions
- In re JeffersonDistrict Court, D. Kentucky · 1899
- In re Inman & Co.District Court, N.D. Georgia · 1909
- In re Hays, Foster & Ward Co.District Court, W.D. Kentucky · 1902
- Bernhardt v. CurtisSupreme Court of Louisiana · 1902