Legal Opinion

Dazian v. Meyer

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1901PublishedCited by 10 opinions

Appeal by the defendant, Dora Miesel, from so much of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 8th day .of April, 1901, as denies said defendant’s motion to-vacate, an order theretofore entered in said clerk’s office appointing a receiver iii the. action, and also from so much thereof as directa the receiver appointed thereunder to account to himself, as the new receiver, for…

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Appeal by the defendant, Dora Miesel, from so much of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 8th day .of April, 1901, as denies said defendant’s motion to-vacate, an order theretofore entered in said clerk’s office appointing a receiver iii the. action, and also from so much thereof as directa the receiver appointed thereunder to account to himself, as the new receiver, for rents collected by him as receiver under said prior-order.

1Opinion of the Court

Hatch, J.:

This action was brought to foreclose a mortgage upon premises-situate in the city of Hew York. The complaint was filed on December 6, 1900, ¿with a notice of the pendency of the action, and it appears from the affidavits that the action was brought upon -the. theory-that the defendants August Meyer and Annie Meyer were the owners of the equity of redemption in the mortgaged premises that, upon this assumption, an order to show cause why a receiver of the rents and profits of the mortgaged premises should not be appointed, together with the affidavits upon which the same was granted,…

2Cases cited4 opinions

  1. Sea Insurance v. StebbinsNew York Court of Chancery · 1841
  2. Colwell v. Garfield National BankNew York Court of Appeals · 1890
  3. Fletcher v. KruppAppellate Division of the Supreme Court of the State of New York · 1898
  4. Forster v. MooreNew York Supreme Court · 1893

3Cited by10 opinions

  1. Jarmulowsky v. RosenbloomAppellate Division of the Supreme Court of the State of New York · 1908
  2. Woerishoffer v. PeoplesAppellate Division of the Supreme Court of the State of New York · 1907
  3. Conroy v. PolsteinAppellate Division of the Supreme Court of the State of New York · 1912
  4. Grover v. McNeelyAppellate Division of the Supreme Court of the State of New York · 1902
  5. Bimberg v. WagenhalsNew York Supreme Court · 1907

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