Breweries v. Wohlstadter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Everard’s Breweries, 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 12th day of March, 1917, granting defendants’ motion to vacate an order appointing a receiver herein pendente lite.
1Opinion of the Court
Scott, J.:
The action is for the foreclosure of a mortgage upon a lease, and for a judgment that a renewal lease is subject to the mortgage. The mortgage, which was given to secure an indebtedness for $2,470 due to plaintiff, was made in May, 1915, and covered two leases, one running from May 1, 1913, for three years, and the other running from May 1, 1916, for five years. The mortgage provided, that in case of default by the mortgagor a receiver might be appointed with power to carry on the business in said premises. The mortgagor did default and at plaintiff’s instance a receiver was…
2Cases cited3 opinions
- Phyfe v. Wardell & WoolleyNew York Court of Chancery · 1835
- McDonald v. FissAppellate Division of the Supreme Court of the State of New York · 1900
- H. Koehler & Co. v. KennedyAppellate Division of the Supreme Court of the State of New York · 1901