Maltz v. Daly

Plaintiff, assignee of rents of a building, two floors of which are occupied by defendant, sues for the rent for the months of August to December, 1922, inclusive. The answer contains qualified and equivocal denials of material allegations of the complaint, and defendant also “ denies the validity ” of the assignment.

The allegations of defendant’s “ defense and counterclaim ” admit the existence of the lease to defendant set out in the complaint, but claim that at the time of the execution of the lease the lessor guaranteed the repayment to defendant of $100 a month, so that the rental of the…