In re Bush

Citations

• 126 F. 878
• 1904 U.S. Dist. LEXIS 438

Syllabus

<p>1. Leases — Assignment—Covenants—Breach—Bankruptcy.</p> <p>Where a lessee made a general assignment for the benefit of his creditors, which was invalidated by bankruptcy proceedings commenced against him within four months thereafter, such assignment did not constitute a breach of a covenant in the lease prohibiting its assignment without the lessor’s consent.</p> <p>2. Same — Construction of Covenant.</p> <p>A covenant in a lease prohibiting the lessee’s assignment thereof without the lessor’s written consent, is not equivalent to a provision that the lease shall be void in case of the lessee’s bankruptcy.</p> <p>8. Same — Application of Covenant.</p> <p>A covenant in a lease prohibiting its assignment without the lessor’s consent, is not applicable to assignee’s taking under an assignment by operation of law, or to their immediate vendees.</p>