Woerishoffer v. Peoples
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sydney W. Peoples, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of February, 1907, denying his motion to vacate a prior order granted ex parte which appointed a receiver of rents and profits pendente lite.
1Opinion of the Court
Laughlin, J.:
The action is brought to foreclose-a mortgage upon the fee of the premises Ho. 39 Lispenard street and Mo. 332 Canal street, and upon a leasehold interest in premises Ho. 41 Lispenard street. The mortgage was not due. It fell due on the 5th day of July, 1906. The amount due and unpaid at that time was $80,000, together Avith interest from the 4th day of December,. 1905, at the rate of four and one-half per centum per annum. The mortgage contained a clause with respect to the appointment of a receiver on ten days’ notice to the mortgagor, as follows: “And it is hereby further…
2Cases cited2 opinions
- Dazian v. MeyerAppellate Division of the Supreme Court of the State of New York · 1901
- Eidlitz v. LancasterAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Jarmulowsky v. RosenbloomAppellate Division of the Supreme Court of the State of New York · 1908
- Conroy v. PolsteinAppellate Division of the Supreme Court of the State of New York · 1912
- Woerishoffer v. PeoplesAppellate Division of the Supreme Court of the State of New York · 1907