Harris v. Lesster
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Hew York county. Action by Mary Harris against William C. Lesster, impleaded' with others. From an order denying motion for payment of money in the hands of a receiver to said defendant, he appeals. The action was brought by Mary Harris to foreclose a mortgage, and the appellant Lesster was made a co-defendant, against whom no personal claim was made.
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Appeal from special term, Hew York county. Action by Mary Harris against William C. Lesster, impleaded' with others. From an order denying motion for payment of money in the hands of a receiver to said defendant, he appeals. The action was brought by Mary Harris to foreclose a mortgage, and the appellant Lesster was made a co-defendant, against whom no personal claim was made. Lesster held a prior mortgage of $1,284, and an assignment of $200 of the monthly rents, some of which had been collected and paid to him before the suit was brought; thus reducing his mortgage to $773.88. On…
1Opinion of the CourtO’Brien, J.
Lesster was not a necessary party in the suit brought to foreclose the plaintiff’s mortgage (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 the accounting, sought to compel…
Also in this document: Concurrence.
2Cases cited2 opinions
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- Ranney v. PeyserNew York Court of Appeals · 1880
3Cited by10 opinions
- Kinnison v. Guaranty Liquidating Corp.California Supreme Court · 1941
- 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
- In re BannerDistrict Court, S.D. New York · 1907
- Rockmore v. LehmanCourt of Appeals for the Second Circuit · 1942
- Farmers Trust Co. v. PruddenSupreme Court of Minnesota · 1901
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