Cowen v. Arnold
New York Supreme Court
Appeal from special term, New York county. Action by Hewman Cowen and another against Christina Arnold and others for foreclosure of a mortgage. Plaintiffs, having purchased the mortgaged property at the sale under foreclosure, appeal from an order denying a motion by them that rents of the premises for the month of October, 1889,-collected in advance by the receiver in the action, be apportioned to plaintiffs from October 4,1889, the date of delivery of the referee’s deeds.
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Appeal from special term, New York county. Action by Hewman Cowen and another against Christina Arnold and others for foreclosure of a mortgage. Plaintiffs, having purchased the mortgaged property at the sale under foreclosure, appeal from an order denying a motion by them that rents of the premises for the month of October, 1889,-collected in advance by the receiver in the action, be apportioned to plaintiffs from October 4,1889, the date of delivery of the referee’s deeds. For dismissal of the appeal of George Finch, one of the defendants, see 11 N. Y. Supp. 95.
1Opinion of the CourtBrady, J.
It appears that in this action a receiver of the rents and profits was appointed on the 29th of March last, and collected the rents, which were payable in advance. The plaintiffs, as purchasers, received their deed on the 4th of October, 1889, and made application that the receiver pay the plaintiffs’ attorney expenses of the agent, his commissions for collecting the October rents and for disbursements in the care of the premises prior to October 4th, and the expenses incurred after the 4th of October during that month, amounting to $29, and also to apportion the rent for October to the…
2Cases cited5 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Cheney v. . WoodruffNew York Court of Appeals · 1871
- Zule v. ZuleNew York Supreme Court · 1840
- Clason v. CorleyThe Superior Court of New York City · 1852
- The Mayor v. KetchumNew York Supreme Court · 1884
3Cited by3 opinions
- Anderson v. CarellAppellate Terms of the Supreme Court of New York · 1909
- Sacandaga Realty Corp. v. HenesAppellate Division of the Supreme Court of the State of New York · 1916
- Sacandaga Realty Corp. v. HenesAppellate Terms of the Supreme Court of New York · 1916