Reiter v. Ginocchio, Recr.

OPINION

By ROSS, J.

The fact that rent is thus paid until October 15, 1931, is advanced by the defendant lessee as a defense to the action of the receiver for rent of the premises for four months from the date of his qualification as such, March 3, 1931.

That the lessee takes the premises subject to the recorded mortgage of his lessor is well established. 36 Corpus Juris, 112, 8752; 19 Ruling Case Law, 555, 556.

That the rent was paid in advance cannot affect the rights of the parties. The lessee makes such payment at his peril in the face of the recorded mortgage, which is a lien upon the…