Lansing v. Prendergast
New York Supreme Court
THIS was an action of covenant, for the recovery of seven years’ rent, brought upon a durable lease, executed by the plaintiff to the defendant, on the first day of March, 1793, for a f land in Lansingburgh, in which lease the yearly rent of four pounds was reserved to be paid yearly and every year, tor ever thereafter ; and which rent the defendant, his executors, administrators and assigns, expressly covenanted by the lease, to pay to the plaintiff, his heirs and assigns,…
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THIS was an action of covenant, for the recovery of seven years’ rent, brought upon a durable lease, executed by the plaintiff to the defendant, on the first day of March, 1793, for a f land in Lansingburgh, in which lease the yearly rent of four pounds was reserved to be paid yearly and every year, tor ever thereafter ; and which rent the defendant, his executors, administrators and assigns, expressly covenanted by the lease, to pay to the plaintiff, his heirs and assigns, for ever. The plaintiff in Ms declaration averred, that there was due from the defendant the sum of 28Z. for seven…
1Per curiam
There is no distinguishing this case, in principle, from that of Frost v. Carter. (1 Johns. Cas. 73.) The rent now sued for had not accrued at the time of the discharge. Rent afterwards to accrue and grow due, could not, in any sense, be considered as a present debt, at the time of the insolvent’s assignment, and for which the plaintiff might have become a petitioning creditor. It must be debitum in presentí, though it be solvendum in futuro. A discharge under the English acts of bankruptcy, or of insolvency, has never been considered as a bar to an action of covenant on an express covenant…
2Cases cited1 opinion
- Frost v. CarterNew York Supreme Court · 1799
3Cited by5 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Stinemets v. AinslieNew York Supreme Court · 1847
- Bailey v. LoebUnited States Circuit Court · 1875
- Ex parte SmithNew York Supreme Court · 1826
- In re HufnagelDistrict Court, E.D. Michigan · 1875