Ranney v. Peyser
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 6, 1880, reversing an order of Special Term, which confirmed the report of a referee appointed to pass the accounts of plaintiff as receiver, and" awarded the funds in his hands to himself as plaintiff.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 6, 1880, reversing an order of Special Term, which confirmed the report of a referee appointed to pass the accounts of plaintiff as receiver, and" awarded the funds in his hands to himself as plaintiff. (Reported below, 20 Hun, 11.) On or about October 3, 1877, the plaintiff commenced this action to foreclose a-mortgage executed to him by the defendants, Peyser and wife, upon a leasehold interest in two lots of land in the city of Hew York. On the 26th day of December, 1877, upon the…
1Opinion of the CourtRapallo, J.
The plaintiff procured the receivership of the rents of the mortgaged premises for his own benefit, as junior mortgagee. He did not obtain it for the benefit of Maas, the prior mortgagee, who was not a party to the proceeding, nor even to plaintiff’s foreclosure suit, and had nothing to do with the receivership. If the plaintiff had not obtained it the rents would have gone into the hands of Peyser, the mortgagor. Maas, if he deemed the mortgaged premises an insufficient security, had the right, on the foreclosure of his mortgage, to apply for a receivership of the rents for his own benefit,…
2Cases cited2 opinions
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