In re Lynch

15 F. Cas. 1171, 7 Ben. 26

• Court: District Court, S.D. New York
• Decided: October 15, 1873
• Status: Published

Opinion

BLATCHFORD, District Judge.

The landlord is not entitled necessarily, as a question of law, to full rent of the premises, from the date of service of the injunction to the date of the adjudication, at the rent prescribed by the lease. What compensation he is entitled to, if any, for such period, or for any period subsequent to the adjudication, is not presented for decision on the certificate.

The register subsequently certified to the court, by request of counsel and on thé same facts, the questions: Is the landlord to prove his debt for the rent from April 11th to the adjudication, as a general creditor, or is he to be paid in full under the lease, or how is he to be compensated for rent during that period? How is he to be compensated for rent from April 19th to May 1st, when he recovered possession?

BLATCHFORD, District - Judge. 1. The landlord is not to prove his debt for the rent from April 11th to the adjudication, as a general creditor, and is not necessary to be paid at the rate in the lease, and is to be compensated for the use of the premises during .that period by applying to the court and having a proper allowance made and paid by the assignee, in view of all the facts in the case.

2. The same rule applies to the period from April 19th to May 1st.