Harris v. Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William 0. Lesster, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 5th day of July, 1898, denying his motion to compel the receiver of the rents of the mortgaged property to pay him out of the moneys in his hands the sum of $773.98 in satisfaction of the balance due the said defendant for principal and interest on the mortgage held by him upon the premises…
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Appeal by the defendant, William 0. Lesster, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 5th day of July, 1898, denying his motion to compel the receiver of the rents of the mortgaged property to pay him out of the moneys in his hands the sum of $773.98 in satisfaction of the balance due the said defendant for principal and interest on the mortgage held by him upon the premises in suit. The action was brought by Mary Harris to foreclose a mortgage, and the appellant Lesster was made a…
1Opinion of the Court
O’Brien, J.:
Lesster was not a necessary party in the suit brought to foreclose the plaintiff’s mortgage (Emigrant Industrial Savings Bank v. Goldman, 75 N. Y. 127), and his presence as a co-defendant has made much confusion, and has presented difficulties with which the several judges below have been obliged to contend in the course of this litigation. As a co-defendant he endeavored to have his rights determined in plaintiff’s suit instead of resorting to independent action. The receiver having been appointed without notice to him, and having collected the rents, Lesster, down to the time of…
2Cases cited2 opinions
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- Ranney v. PeyserNew York Court of Appeals · 1880
3Cited by34 opinions
- Sullivan v. . RossonNew York Court of Appeals · 1918
- Kinnison v. Guaranty Liquidating Corp.California Supreme Court · 1941
- New York Life Insurance v. Fulton Development Corp.New York Court of Appeals · 1934
- Prudential Ins. Co. of America v. Liberdar Holding Corp.Court of Appeals for the Second Circuit · 1934
- Financial Center Associates of East Meadow, L.P. v. TNE Funding Corp. (In Re Financial Center Associates of East Meadow, L.P.)United States Bankruptcy Court, E.D. New York · 1992
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