Bond, Mortgage & Securities Co. v. Surplus Wholesale Corp.

This is an action for rent by an assignee of a lease against a subtenant. The defendant questions the plaintiff's chain of title and sets up affirmatively a plea of surrender and acceptance, and in addition pleads a setoff of the amount deposited as security for the performance of the covenants of the lease.

For the purpose of this decision, the salient facts are that the Laterre Realty Corporation, a lessee, sublet part of the premises in question, at a rental of $225 per month, to the defendant Surplus Wholesale Corporation, from August 15, 1931, to November 29, 1932, which latter period was…