Daly v. Schenk

The action was on behalf of plaintiff as landlord for rent, against which was a counter-claim by the defendant Schenk to recover an excess amount of $225 paid at the time the original lease was made as well as to recover a part of the rent paid for the month of March, 1930. Both plaintiff and defendant Schenk are assignees of the original parties to the lease, the former being the assignee of the original lessor and the latter, Mrs. Schenk, being the assignee of the lessee. White is a guarantor of the rent. There was a fire on March 17th, 1930, and Mrs. Schenk then moved out, giving notice to…