Page:Federal Reporter, 1st Series, Volume 2.djvu/857

 £50 fSDBBilL BIPOBTEK, �In re Bailbt, Bankrupt. �{District Oourt, W. D. Penrtsyluania. June 11, 1880.) �Bbnt — DiBTHBSs — GooDS OB' Stkanoer — AucTiONEBB. — The goods of a third person on the premises of an auctioneer for the purpose of sale, are not liable to distress for rent, even although the auctioneer may have made advances thereon for which he may have a lien. �In Bankruptcy. Sur petition' of John Liggett, landlord of the bankrupt, for an order upon the assignee to pay rent. �J. H. Baldwin, for assignee. �S. Schoyer, Jr., for John Liggett. �AoHEsoN, D. J. There was due the landlord at the date of his petition arrears of rent amounting to $1,000; but it is admitted that since the present application was made the assignee has paid the landlord the amount, viz., |698, realized from the sale of the personal property belonging to the bank- rupt which was upon the demised premises at the date of the bankruptcy. But the landlord claims the further sum of $119 now in the assignee's hands. �The bankrupt was an auctioneer, and carried on his bus- iness on the demised premises. At the time of his bank- ruptcy there were upon the demised premises, for sale by the bankrupt as auctioneer, a piano, upon which he had advanced to the owner $48, and some other personal chat- tels, upon which he had advanced freight to the amount of $71. These sums have been paid to the assignee. The landlord claims this money. But upon what principle ? If he has a valid claim thereto it must be on the ground that these goods were distrainable for arrears of rent. But it is settled law that the goods of third persons upon the prem- ises of an auctioneer, for sale, are privileged from distress for rent. Did the fact that the tenant here had made ad- vances upon the goods subject them to distress? I think not. The tenant, at most, had a mere lien. ïhe entire title remained in the owners of the goods �It may well be assumed that the owners of the goods selected the bankrupt as their auctioneer on aqcount of his ����