In re Webb

29 F. Cas. 494, 6 Nat. Bank. Reg. 302

Opinion

BALLARD, District Judge.

I am induced to the opinion that under the bankrupt act the landlord's right to rent against the bankrupt’s estate expires on the day of the adjudication. If the assignee occupy the premises after that day, he, and not the estate, is liable for the rent. But, of course, when his occupancy is for the benefit of the estate, and is in fact beneficial, he will be credited by the rent which he is obliged to pay. In this case the rent should be paid to January thirteenth, eighteen hundred and seventy-two, and no longer.