In re Pennewell

Citations

• 119 F. 139
• 55 C.C.A. 571
• 1902 U.S. App. LEXIS 4653

Syllabus

<p>1. Bankruptcy—Provable Debts—Damages for Breach of Covenant in Lease.</p> <p>A lessee cannot prove a claim for damages for breach of a covenant for quiet enjoyment in a lease against the estate of his lessor in bankruptcy because of his eviction after the filing of the petition in bankruptcy. -</p> <p>2. Lease—Construction—Covenant against Subletting.</p> <p>A stipulation in a lease against subletting, in the absence of some provision requiring it, will not be construed as a condition, but as a covenant, the breach of which will not work a forfeiture of the lease, nor authorize a re-entry by the lessor; hence such a stipulation does not render invalid a sublease made in violation thereof, nor give the sublessee a claim against his lessor for damages for false representation in stating that he had lawful right to make the lease.</p> <p>8. Bankruptcy—Provable Debts—Effect of Adjudication on Sublease.</p> <p>The adjudication in bankruptcy of a lessee does not operate in itself to terminate his lease and end his estate, so as to give a sublessee a claim for damages which can be proved as a debt against his estate.</p> <p>4. Fraudulent Representations—Right of Action for Damages—Michigan Statute.</p> <p>Comp. Laws Mich. § 10,421, which provides a remedy by an action of assumpsit to recover damages for an injury resulting from false representations, and attaches to the liability by implication a promise to pay such damages, merely gives a new remedy, and does not create any new right, or give a cause of action for a false representation before damages have resulted.</p>