Sullivan v. Rosson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James E. March, 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 14th day of August, 1914, settling and allowing the accounts of a receiver and directing him to pay over certain moneys to the plaintiff.
1Opinion of the Court
Laughlin, J.:
This is an action to foreclose a mortgage for $7,000 on three parcels of real estate. A receiver of the rents, issues and profits was appointed herein on the application of the plaintiff on the 13th day of August, 1913. On the 14th day of July, 1914, a final judgment foreclosing a first mortgage on one of the parcels was duly entered, pursuant to which the parcel was sold, producing a surplus of $75, which was paid into court. The appellant holds two mortgages on the same parcel, one a second mortgage for $4,000 and the other a third mortgage for $1,000, both senior to…
2Cases cited9 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Harris v. TaylorAppellate Division of the Supreme Court of the State of New York · 1898
- Ranney v. PeyserNew York Court of Appeals · 1880
- Moffatt v. . SmithNew York Court of Appeals · 1850
- Madison Trust Co. v. AxtAppellate Division of the Supreme Court of the State of New York · 1911
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3Cited by5 opinions
- In re BroseCourt of Appeals for the Second Circuit · 1918
- One Hundred Forty-Eight Street Realty Co. v. ConradAppellate Terms of the Supreme Court of New York · 1925
- In re IsraelsonDistrict Court, S.D. New York · 1916
- In re JarmulowskyDistrict Court, S.D. New York · 1915
- Straus v. MinkowskiAppellate Division of the Supreme Court of the State of New York · 1918