Nothing appears to indicate that the Legislature had any concern with respect to deposits of security under leases relating to real property situated in other States. It is reasonable to assume that if it was the intention of the Legislature to extend the application of this statute to deposits made under leases relating to real property located in other States that it would have indicated and expressed such an intention.
Plaintiff argues, also, that it seeks to recover upon a personal covenant — the obligation of the defendant, under the lease, to return the security, and that this is in the nature of a transitory action and upon this theory the action is maintainable. If this be the theory then it cannot sound in conversion but is then an action on contract and defendants ’ liability would then rest on a debtor and creditor relationship, for, as mentioned, the clause in the lease respecting the deposit of security does not create a trust fund and does not create or constitute the defendant the trustee thereof.
In the light of contemporary history and the circumstances and conditions leading to the enactment of section 233, no reason manifests itself to warrant or justify a construction that it was the legislative intent to include within the ambit of its provisions deposits of security made under leases relating to real property located in other States as well as those made under leases relating to real property situated in this State.
The amended complaint is predicated on the provisions of section 233 and as this statute is without application to the facts alleged in the amended complaint, it must follow as a necessary corollary and legal sequence that the amended complaint fails to set forth facts sufficient to constitute a cause of action.