Legal Opinion

Veerhoff v. Miller

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

Decided July 1, 1898PublishedCited by 7 opinions

Appeal by the plaintiff, Mary E.'Veerhoff, as executrix, etc., of Ernst H. Veerhoff, deceased, from two orders of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 6tli day of. April, 1896, denying the plaintiff’s motion for the appointment of a receiver of the rents of the premises- described in the complaint herein. These actions were brought to foreclose two mortgages.

1Opinion of the Court

Hatch, J.:

The moving papers disclose that the mortgages, which are the subject of foreclosure by their terms, became due and payable on the 24th day of February, 1898, at which time there was due and unpaid upon each the sum of $8,500^ with interest thereon from August 24, 1897. It further appears that the persons who executed the mortgages are' pecuniarily irresponsible, and that the premises are not sufficient in value to pay the mortgage liens thereon-. Default has been made in the actions by the mortgagors,.and the only person who interposes an answer is a purchaser from the mortgagors…

2Cases cited7 opinions

  1. De Frece v. National Life InsuranceNew York Court of Appeals · 1892
  2. Homer v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1876
  3. Wyman v. Phœnix Mutual Life Insurance Co., of HartfordNew York Court of Appeals · 1890
  4. Boutwell v. O'KeefeNew York Supreme Court · 1860
  5. Ross v. VernamAppellate Division of the Supreme Court of the State of New York · 1896

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3Cited by7 opinions

  1. Williamsburg City Fire Insurance v. LichtensteinNew York Supreme Court · 1916
  2. American Exchange National Bank v. SmithAppellate Terms of the Supreme Court of New York · 1908
  3. Wolkowsky v. KirchickSupreme Court of Florida · 1921
  4. Rosche v. KosmowskiAppellate Division of the Supreme Court of the State of New York · 1901
  5. Lazzari v. HavensNew York Supreme Court · 1902

2 more not listed; retrieve them via the Exa API.

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