Bernhardt v. Curtis

Citations

• 109 La. 171
• 33 So. 125
• 1902 La. LEXIS 129

Syllabus

<p>BANKRUPTCY — ADJUDICATION — EFFECT ON UNEXPIRED LEASE — NOTES FOR RENT —INDORSER’S LIABILITY.</p> <p>1. A lessee’s adjudication in bankruptcy putting an end to the lease as of the date of the adjudication, no rent can accrue thereafter; and, as a consequence, notes given for this future rent fail of consideration, since the rent or debt for which they were given cannot possibly come into existence; and a surety on said notes may plead such failure of consideration.</p> <p>On Rehearing.</p> <p>•2. In a civil ease, where a statement of facts is required, the formal statement, signed by the judge, or by the parties or their counsel, may be waived by .consent or acquiescence.</p> <p>3. Where a lessee, holding under an unexpired lease, is adjudicated a bankrupt at a time when he owes no. rent, such adjudication does not terminate, the lease. The claim for rent subsequently accruing is contingent, is not provable against the estate of the bankrupt, is not barred by his discharge, and the indorser of the notes given for such rent is still liable thereon.</p> <p>Provosty, I., dissenting.</p> <p>(Syllabus by the Court.)</p>