Sullivan v. . Rosson
New York Court of Appeals
Appeal, by permission, from so much of an order of the Appellate Division of the Supreme Court in the first judicial ■ department, entered February 11, 1915, as modified an order of Special' Term directing payment of moneys in the hands of a receiver, appointed in an action to foreclose a mortgage, to the plaintiff in said action. The facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from so much of an order of the Appellate Division of the Supreme Court in the first judicial ■ department, entered February 11, 1915, as modified an order of Special' Term directing payment of moneys in the hands of a receiver, appointed in an action to foreclose a mortgage, to the plaintiff in said action. The facts, so far as material, and the question certified are stated in the opinion. The plaintiff is entitled, even though a junior mortgagee, to the funds in the hands of the receiver, appointed in the action 'for the foreclosure of her mortgage, upon her motion…
1Opinion of the CourtChase, J.
In and prior to 1913 the real property • in the city of New York known as No. 115 McDougal street, was incumbered by a mortgage of $27,000 which was a first lien thereon — a mortgage of $4,000 which was a second lien thereon — a mortgage of $1,000 which was a third lien, thereon — and a mortgage of $7,000 which was a fourth lien thereon. The fourth mortgage covered two other pieces of real property and at all the times herein mentioned the plaintiff was the owner of that mortgage. It contained a provision that in case of default in the payment thereof, the mortgagee should have the right…
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- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- 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
- Demarest v. WillardNew York Supreme Court · 1828
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- New York Life Insurance v. Fulton Development Corp.New York Court of Appeals · 1934
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