8th of April 1842, the plaintiff demised to the defendant certain premises in the city of New York, for the term of one year from the first day of May then next, rent payable quarterly. Defendant entered and occupied the entire year, ending May 1, 1843. Under the agreement, plaintiff claimed to recover the last quarter's rent, from February first to May first, 1843. Defence, bankruptcy. Defendant's petition was filed December 12, 1842. On the 11th of March following, he was declared a bankrupt; and on the 7th of August thereafter, he was discharged. The court held, that the discharge was not a bar, and there was judgment for the plaintiff. On error brought, this judgment was affirmed. Bronson, C. J.: "The discharge only goes to such debts as the defendant owed at the time of presenting his petition, and the rent which the plaintiff seeks to recover accrued subsequent to that time. Although the agreement to pay rent was made prior to the bankruptcy, it is settled that the discharge does not bar an action on the agreement for rent accruing subsequent to the bankruptcy."

(m) Ex parte Cottrell, Cowp. 742. But where a bond was given for the payment of a sum of money by the bankrupt, in consideration that the obligee would marry a servant of the bankrupt, and maintain a bastard which the bankrupt had by her, and the marriage took effect, this was held not to be an illegal consideration, and the obligee was entitled to prove the bond. And in Ex parte Mumford, 15 Ves. 289, where promissory notes were given for liquidated damages in compromising an action for the seduction of the plaintiff's daughter, per quod servittum amlsit, the notes were permitted to be proved under a commission against the maker. But where a bond is given, strictly turpi causa, or as premium pudoris (for the distinction between an instrument of this character and those above alluded to, see Franco r. Bolton, 3 Ves. 368, and cares cited), it cannot be proved if the maker become bankrupt. Gilham v. Locke, 9 Ves. 614; Ex parte Ward, before Lord Camden, 1768, cited in 15 Ves. 290; Turner v. Vaughan, 2 Wilson, 340. So where the debt was void by reason of usury. Lowe v. Waller, Doug. 736; Ex parte Thompson, 1 Atk. 125; Ex parte Skip, 2 Ves. Sen. 489; Benfield v. Solomons, 9 id. 84; Ex parte Banglay, 1 Rose, 168. But it has been said, that where it is allowed, by the custom of the trade, for a commission to be taken in addition to legal interest, this, though sounding in usury, will yet be held not to prevent the proving of the bond. Ex parte Jones, 17 Ves. 332; Carstairsr. Stein, 4 M. & S 192; Winch v. Fenn, 2 T. R. 52, note; Ex parte Hen-son, 1 Madd. 112; Deacon on Bankruptcy, 302, and cases cited. See other cases of illegal contracts, proof of which was refused, Ex parte Moggrigge, 1 Cooke's Bank. L. 185; Ex parte Daniels, 14 Ves. 191; Ex parte Bell. 1 Maule & S. 751; Ex parte Dyster, 2 Rose, 256; Ex parte Schmaling, Buck, 93; Ex parte Bouss-maker, 13 Ves. 71

1 Thus a " put,' or a privilege for a nominal consideration of delivering property of fluctuating value within a certain time at a specified price, where the expectation is not to deliver, hut to settle differences as established by future prices, is a wagering contract, and the difference between the market price and the specified price at the time of a refusal to accept cannot be proved against the estate of the seller of the " put" Ex parte Young, 6 Bissell, 53. - K.

(n) Section 19 provides that unliquidated damages arising out of any contract or promise, or on account of any goods or chattels wrongfully taken, converted, or withheld, may be assessed in such mode as the court may deem best.

(o) Green v. Bucknell, 8 A. & E. 701. This was an action of assumpsit on a special contract, that whereas, by such contract between B & G, G had agreed to sell to B all the oil which should arrive by a certain ship, which B was to receive within fourteen days after the landing of the cargo, and pay for at the expiration of that time by bills or money at a specified price per ton, with customary allowance. The declaration set forth that the ship arrived, and the cargo was landed, and G tendered the oil to B at the end of the fourteen days; that the quantity of oil after allowances, Ac, was a certain number of tons; that at the time of the tender the market price of oil was lower than the contract price by an amount stated; that B, on the tender being made, refused to accept; and that the difference of prices was within the knowledge of the parties. On this state of facts it was held, that B having become bankrupt after the refusal, G could not prove for this breach of contract, under the commission; for, that although G's claim would be measured by the difference between the contract and the market prices at the time when B should have fulfilled his contract, yet the case did not show that the data on which the calculation must proceed, were so settled as to admit of no dispute, and render the intervention of a jury unnecessary; so that G's claim was not a debt, but for damages, and could not be proved. Goodtitle v. North Doug 584. In this case, Lord Mansfield said: " The form of the action is decisive. The plaintiff goes for the whole damages occasioned by the tort, and when damages are uncertain, they cannot be proved under a commission of bankruptcy." This was an action for trespass for mesne profits. Parker v. Norton, 6 T. R. 695; Parker v. Crole, 5 Bine. 63, 2 Moore & P. 150; Shoemaker v. Keely, S Dall 213,1 Yeates, 245; Williamson r. Dickens, 5 Ired. 259; Corn-stock v. Grout, 17 Vt. 512; Overseers of St. Martin v. Warren, 1 B & Ald. 491; Whitmarsh's Bankrupt Law, p. 266; Hammond v. Toulmin, 7 T. R 612; Johnson v. Spiller, Bullcr, J., note to Alsop v. Price, 1 Doug. 168; Taylor v. Young. 3 B. & Ald. 521; Utterson" v. Vernon. 3 T. R. 539; 4 id. 570 See Boorman v. Nash, 9 B. & C. 145; Ex parte Day, 7 Ves 301; Ex parte King. 8 id. 334; Forster v. Sur-tees, 12 East, 605; De Tastet v. Sharpe, 3 Madd. 51; Gulliver v. Drinkwater, 2 T. R. 261. A claim for damages for a trespass is not provable. Kellogg v. Schuyler, 2 Denio, 73.