Eidlitz v. Lancaster
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Carrie A. Lancaster, from an order of the Supreme Court, made at the New York Special Term aiid entered in the office of the clerk of the county of New York on the 7th day of April, 1899, granting the plaintiffs’ motion for the appointment of a receiver of the rents and profits of the premises - which are the subject of a mortgage to foreclose which the action is brought.
1Opinion of the Court
Van Brunt, P. J.:
The statement of facts in the points submitted on the part of the respondents is .not entirely accurate. Looking at the record we find that there is no proof that .all the obligors in the bond áre insolvent; nor is there any proof as to the value of the mortgaged premises contained in the moving papers. It is true that appended thereto is the affidavit of a real estate broker that the premises are not worth more than $28,000 or $29,000 (the mortgage being for $30,000); but in said affidavit it nowhere affirmatively appears that the affiant ever saw the premises, in question…
2Cited by8 opinions
- Aetna Life Insurance v. BroekerIndiana Supreme Court · 1906
- Jarmulowsky v. RosenbloomAppellate Division of the Supreme Court of the State of New York · 1908
- W. I. M. Corp. v. CipuloAppellate Division of the Supreme Court of the State of New York · 1926
- Thomas v. DavisAppellate Division of the Supreme Court of the State of New York · 1904
- Mortgage Union of Penn. v. KingCourt of Appeals of Kentucky (pre-1976) · 1932
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