Colman Co. v. Withoft

Citations

• 195 F. 250
• 115 C.C.A. 222
• 1912 U.S. App. LEXIS 1371

Syllabus

<p>< JL Bankruptcy (§ 421*)—Contracts of Bankrupts—Effect of Adjudication.</p> <p>An adjudication of bankruptcy does not dissolve contractual relations between the bankrupt and others, and claims arising out of such contracts subsequent to the filing of the petition, which do not constitute provable debts at that time, remain subsisting obligations of the bankrupt.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 772-774, 776, 777, 779-786; Dec. Dig. § 421.*]</p> <p>2. Bankruptcy (§ 318*)—Provable Debts—Bent Accruing After 'Bankruptcy.</p> <p>While a contract to pay rent under a lease is not terminated by bankruptcy, ,ttm rent thereafter to accrue is not a provable debt against the estate.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 481, 482; Dec. Dig. § 318.*]</p> <p>S. Bankruptcy (§ 316*)—Provable Debts—Contingent Claims.</p> <p>Bankrupt and claimant were jointly liable for the rent of property under an unexpired lease. Prior to the bankruptcy they agreed between themselves that claimant should procure a cancellation of the lease, if it could be done for a certain bonus, and that bankrupt should reimburse it for one-half the amount paid out for that purpose. After the filing of the petition, claimant paid a month’s rent, and also procured a cancellation of the lease, and paid a lump sum, within the agreement, therefor. Melé, that a claim for one-half of said sums was not a debt due and owing at the time of the filing of the petition, but was then wholly contingent, and was not provable under Bankr. Act July 1, 1898, c. 541, § 63a (4), 30 Stat. 563 (U. S. Comp. St. 1901, p. 3447).</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 474-477; Dec. Dig. § 316.*]</p>