54 Ind. App. 558 | Ind. | 1913
This is an action for rent, under a lease for certain premises in Chicago, Illinois, brought by Lucius G. Fisher of Chicago as an intervening petitioner in a receivership cause, entitled Columbia National Bank v. Jenney Electric Manufacturing Company. Neither defendant filed an answer to the intervening petition, and the cause went to trial on the issue made by the disallowance of the petitioner’s claim by the receiver. The court found against appellant and disállowed the claim. It is assigned that the court erred in overruling appellant’s motion for new trial, on the grounds that the decision was contrary to law, and was not sustained by sufficient evidence.
The cause was submitted on an agreed statement of facts. The facts are substantially the following: On January 22, 1910, Lucius G. Fisher was the owner of the Fisher Building in Chicago, and on said date he entered into a lease with the Jenney Electric Manufacturing Company for certain premises in said building from May 1, 1910, .to April 30, 1911, at a certain stipulated rent. On January 30, 1911, the same parties entered into another lease for the same premises for the year beginning May 1, 1911, and expiring
The only question presented is whether the court erred in holding that the receiver was not bound by the covenants of the lease, and was therefore excused from the payment of appellant’s claim as contended for in his intervening peti-, tion. Appellant admits the rule to be that a receiver for a lessee is entitled to elect whether he shall take and adopt a lease made by said lessee, or whether he shall refuse to take and adopt said lease; and that a receiver in such case has
Note.—Reported in 103 N. E. 119. See, also, under (1) 34 Cyc. 261, 263; (3, 5) 34 Cyc. 263. As to when appointment of receiver is proper, see 72 Am. St. 29. As to liabilities of receiver, see 120 Am. St. 277. As to liability for rent of premises occupied by receiver or assignee for creditors, see 59 L. R. A. 673. As to duty and power of a receiver with, respect to existing contracts, see Ann. Cas. 1912 C 949.