48 Vesey Street Corp. v. Strauss

This is an action against the assignee for the benefit of creditors of the Coral Coat Company. It was stipulated that the defendant used and occupied the premises from September 24, 1931, to and including October 13, 1931. The premises had been leased by the plaintiff to the Coral Coat Company for a term commencing prior to September 24, 1931, and terminating after October 13, 1931. This action is brought to recover for the use and occupation of the premises during the period when defendant was in possession as assignee.

It is contended by the defendant that if any liability was incurred by…