Legal Opinion
In re Banner
District Court, S.D. New York
Decided January 18, 1907PublishedCited by 28 opinions
In Bankruptcy. On motions to direct preferential payments out of funds in the hands of the trustee.
1Opinion of the Court
HOUGH; District Judge.
The bankrupt was the owner of No.. 468 Broadway, New York City. Some time prior to his bankruptcy he executed a second mortgage to the Broadway Trust Company, which, after the usual proviso giving to the holder of the mortgage a right to a receiver of the rents and profits of the premises without regard to the adequacy of the security, continues:
“And the said rents and profits are hereby, in the event of any default or defaults in the payment of said principal or interest, assigned to the holder of this mortgage.”
After the execution and recording of the mortgage…
2Cases cited6 opinions
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Harris v. TaylorAppellate Division of the Supreme Court of the State of New York · 1898
- Harris v. LessterAppellate Division of the Supreme Court of the State of New York · 1898
- Thomson v. ErskineAppellate Terms of the Supreme Court of New York · 1901
- Thomas v. DavisAppellate Division of the Supreme Court of the State of New York · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In re BroseCourt of Appeals for the Second Circuit · 1918
- View Crest Garden Apartments, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- Bindseil v. Liberty Trust Co.Court of Appeals for the Third Circuit · 1917
- Democratic Central Committee of the District of Columbia v. Washington Metropolitan Area Transit CommissionCourt of Appeals for the D.C. Circuit · 1994
- Levinson v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1933
23 more not listed; retrieve them via the Exa API.