Legal Opinion

Hennessy v. Sweeney

City of New York Municipal Court

Decided December 4, 1898PublishedCited by 1 opinion

Action by Walter G-. Hennessy, as receiver, against Henry S. Tutkill, to recover rents. The money was paid into court, and Arthur Sweeney, as receiver, was interpleaded as defendant. Judgment for defendant.

1Opinion of the CourtEoesch, J.

There were several mortgages on the premises known as the ‘Mount Harmon Flats.” Walter Gr. Hennessy was duly appointed receiver of the rents thereof on March 15, 1898, in a foreclosure suit of the third mortgage. As such he collected the rents for the months of April, May, June, and July, 1898. Arthur Sweeney was appointed receiver on July 21, 1898, in a foreclosure suit of the second mortgage, which covered the premises mentioned, and others known as the “Northfield Flats.” Receiver Hennessy, though in possession at the time of the second foreclosure, was not made a party, but the third…

2Cases cited8 opinions

  1. Howell v. RipleyNew York Court of Chancery · 1843
  2. Culross v. . GibbonsNew York Court of Appeals · 1892
  3. Ranney v. PeyserNew York Court of Appeals · 1880
  4. Post v. DorrNew York Court of Chancery · 1845
  5. Osborn v. Heyer & BurdettNew York Court of Chancery · 1831

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3Cited by1 opinion

  1. Goddard v. ClarkeNebraska Supreme Court · 1908

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