Iroquois Brewing Co. v. Scarabello
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Iroquois Brewing Company, from that part of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of said county on the 2d day of May, 1919, which directed the receiver, appointed in the action, to collect the rents of the mortgaged premises, to pay the moneys in his hands to the defendant Emanuele Scarabello, owner of the equity of redemption, and which denied the motion of the plaintiff to have said…
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Appeal by the plaintiff, Iroquois Brewing Company, from that part of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of said county on the 2d day of May, 1919, which directed the receiver, appointed in the action, to collect the rents of the mortgaged premises, to pay the moneys in his hands to the defendant Emanuele Scarabello, owner of the equity of redemption, and which denied the motion of the plaintiff to have said money applied upon the deficiency shown by the referee’s report in the foreclosure proceedings.
1Opinion of the Court
De Angelis, J.:
The action was for the foreclosure of two mortgages upon a piece of real estate situated in the county of Erie.
On the 27th day of January, 1915, the defendant Tesiano Scarabello executed and delivered to the plaintiff a bond, dated that day, in the penal sum of $4,000, conditioned for the payment of $2,000 within two years from the date thereof, with interest at the rate of six per centum per annum payable semi-annually, and for the purpose of securing the payment of this bond Tesiano Scarabello executed and delivered to the plaintiff a mortgage dated the 27th day of January,…
2Cases cited1 opinion
- Rutherfurd Realty Co. v. . CookNew York Court of Appeals · 1910
3Cited by1 opinion
- New Orleans Bank & Trust Co. v. HartCourt of Appeals for the Fifth Circuit · 1929