Joseph McKenna

“ The receiver occupied the premises for a while, but it was stipulated that such occupation was not to affect the rights of the parties. Defendant in error occupied the premises until May 19, 1900. He contended in defense of the action that upon the termination of the lease it was the duty of the trust company to use all reasonable effort to relet the premises, so as to minimize the damages, and that the company had not done so. And further, that suitable and responsible parties were willing at various times to hire the premises at a rent as great or greater than the rent reserved in the lease. ”

“ The original lessors sold the land and building leased to the International Trust Company, plaintiff in error. Defendant in error is agent of the shareholders of the Broadway National Bank.
The premises leased were the first floor of the building and the basement under the same, 'to be used as the business offices of said corporation and for no other purpose.' The lease contained a provision for re-entry upon breach of any covenant. ”

“ The lease passed on contained a provision for an entry by the lessors to terminate the lease for the breach of covenants, followed by this language: 'But the lessee covenants to be responsible for any loss or diminution of rent sustained by the lessors in consequence till the end of the lease.' The defendant in the case requested instructions, expressing it to be the duty of the lessor to accept any tenant that was satisfactory financially to defendant. ”