Holmes v. Gravenhorst
New York Court of Appeals
1Opinion of the CourtHxjbbs, J.
This is an action to foreclose a mortgage on a dwelling house in the city of Brooklyn, owned and occupied by the mortgagor. The mortgage contained the following clause: “ That the holder of said mortgage, in any action to foreclose it, shall be entitled (without notice and without regard to the adequacy of any security for the debt) to the appointment of a receiver of the rents and profits of said premises.”
A receiver appointed upon application of the mortgagee to collect “ all rents due and unpaid, or hereafter to become due,” applied at Special Term for an order fixing the reasonable value…
2Cases cited4 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- Prudence Co. v. 160 West Seventy-Third Street Corp.New York Court of Appeals · 1932
- Trimm v. . MarshNew York Court of Appeals · 1874
- Citizens' Savings Bank v. WilderAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by43 opinions
- Prudential Ins. Co. of America v. Liberdar Holding Corp.Court of Appeals for the Second Circuit · 1934
- Manhattan King David Restaurant Inc. v. LevineDistrict Court, S.D. New York · 1993
- Ryen v. Park Hope Nursing Home, Inc. (In Re Flower City Nursing Home, Inc.)United States Bankruptcy Court, W.D. New York · 1984
- Bank Leumi Trust Co. v. Lightning Park, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Rivera v. BlumNew York Supreme Court · 1978
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