Abrahams v. Berkowitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, the Builders’ Mortgage Company, from an order 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 16th day of January, 1911, denying the petitioner’s motion to compel Francis E. Carberry, receiver of the rents and profits of the mortgaged premises, to pay over to the petitioner moneys collected by him as such receiver.
1Opinion of the Court
HIRSCHBERG, J.:
The question presented by this appeal is whether the holder of' a first mortgage upon real estate may compel a receiver, appointed in an action brought to foreclose a subsequent mortgage, to pay over rents collected by him under such appointment to .the first mortgagee. The action is brought for the foreclosure of the subsequent mortgage, and the petitioner, the first mortgagee, is not a party to the suit. Its bond and mortgage were executed on June 29, 1907, and the mortgage recorded July 1,. 1907. The plaintiff’s, the second, bond and mortgage were executed July 17,1907, and…
2Cases cited6 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
- Harris v. TaylorAppellate Division of the Supreme Court of the State of New York · 1898
- Ranney v. PeyserNew York Court of Appeals · 1880
- Post v. DorrNew York Court of Chancery · 1845
- Madison Trust Co. v. AxtAppellate Division of the Supreme Court of the State of New York · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sullivan v. . RossonNew York Court of Appeals · 1918
- New York Life Insurance v. Fulton Development Corp.New York Court of Appeals · 1934
- One Hundred Forty-Eight Street Realty Co. v. ConradAppellate Terms of the Supreme Court of New York · 1925
- Empire State Collateral Co. v. Bay Realty CorporationDistrict Court, E.D. New York · 1964
- In re IsraelsonDistrict Court, S.D. New York · 1916
8 more not listed; retrieve them via the Exa API.