In re Brose
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of Anthony Brose, bankrupt. Petition by Nathan Peck, as receiver in bankruptcy, to revise an order of the District Court directing him to pay over to a receiver in a mortgage foreclosure action rents collected, etc.
1Opinion of the Court
ROGERS, Circuit Judge.
The question which is presented by this case involves the right to the rents of an apartment house owned by the bankrupt in the city of New York, and the controversy is between the trustee of the banlfcrupt and a receiver appointed in a foreclosure proceeding instituted by a second mortgagee, who is the petitioner. The petitioner’s mortgage contains the following clauses:
“Fifth. That if default shall be made in the payment of any Installment 01 the whole of the principal sum mentioned in the condition of the bond, or of the interest which shall accrue thereon, or any…
2Cases cited6 opinions
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Sullivan v. . RossonNew York Court of Appeals · 1918
- In re BannerDistrict Court, S.D. New York · 1907
- In re IsraelsonDistrict Court, S.D. New York · 1916
- Sullivan v. RossonAppellate Division of the Supreme Court of the State of New York · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Duparquet Huot & Moneuse Co. v. EvansSupreme Court of the United States · 1936
- In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
- In Re Shoppers Paradise, Inc.United States Bankruptcy Court, S.D. New York · 1980
- Prudential Ins. Co. of America v. Liberdar Holding Corp.Court of Appeals for the Second Circuit · 1934
35 more not listed; retrieve them via the Exa API.