Post v. Dorr
New York Court of Chancery
Mortgage case; and where a receiver was appointed tó take the rents and profits of the mortgaged premises, on account of the insolvency and subsequent bankruptcy of the mortgagor. As, after a sale, the amount was insufficient to satisfy the sum due to the complainants, they now presented a petition that the receiver should pass his accounts and pay over the money in his hands to them, in order to make up the deficiency.
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Mortgage case; and where a receiver was appointed tó take the rents and profits of the mortgaged premises, on account of the insolvency and subsequent bankruptcy of the mortgagor. As, after a sale, the amount was insufficient to satisfy the sum due to the complainants, they now presented a petition that the receiver should pass his accounts and pay over the money in his hands to them, in order to make up the deficiency. When the bill was filed, an injunction was allowed against the mortgagor (then applying in bankruptcy) and against the general assignee in bankruptcy; and, on a supplemental…
1Opinion of the Court
The Vice-Chancellor :
It is too late to raise an objection against the granting of the injunction and an appointment of a receiver of the rents. If any well founded objection existed to either, it should have been made on motion to dissolve the injunction or in opposition to the receivership at the time it was applied for. Submitting to the appointment of a receiver by those who were before the court and had a right to object and who could have appealed from the order, if dissatisfied with it, but did not, is such an acquiescence in the order as renders it the law of the case with respect to…
2Cited by17 opinions
- Ranney v. PeyserNew York Court of Appeals · 1880
- Hollenbeck v. . DonnellNew York Court of Appeals · 1884
- Cross v. Will County National BankIllinois Supreme Court · 1898
- Scott v. WareSupreme Court of Alabama · 1880
- Abrahams v. BerkowitzAppellate Division of the Supreme Court of the State of New York · 1911
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