Mutual Life Insurance v. Belknap
New York Supreme Court
Motion that defendant Belknap be- required to pay to the receiver herein rent alleged to have been due and in arrear at the time of the receiver’s appointment. This action was brought to foreclose a mortgage made to the plaintiff covering premises known as “ The Madrid,” an apartment house in the city of Mew York.
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Motion that defendant Belknap be- required to pay to the receiver herein rent alleged to have been due and in arrear at the time of the receiver’s appointment. This action was brought to foreclose a mortgage made to the plaintiff covering premises known as “ The Madrid,” an apartment house in the city of Mew York. The rcceiv-. er’s clause in the mortgage provided that upon foreclosure proceedings being commenced, the mortgagee should be entitled to the appointment of a “ receiver of the rents and profits of the said promises, with power to lease said premises, or such part thereof as may not…
1Opinion of the CourtPatterson, J.
Under the circumstances disclosed by the affidavits read in opposition to the petition of the receiver, I think the motion to require the defendant Belknap to pay over rents accrued prior to August 1, 188G, should be denied.
The grave questions involved of the relation of the shareholders to the corporation as the owner of the apartment house, and the peculiar method of fixing the yearly contributions of shareholders occupying apartments, should not be disposed of on a motion of this character, but in an action in which all parties interested can be heard. It is admitted that such an action is…
2Cases cited1 opinion
- Argall v. . PittsNew York Court of Appeals · 1879
3Cited by3 opinions
- Stewart v. Fairchild-Baldwin Co.New Jersey Court of Chancery · 1919
- Fairchild v. Gray, New York County Courts1930
- Forest Hill Cemetery Ass'n v. SullivanAppellate Division of the Supreme Court of the State of New York · 1932