Sussman v. Lakesite Hotel Corp.

Application is made to vacate and set aside an order granted October 5, 1932, appointing a receiver in .this mortgage foreclosure.

Certain facts are undisputed. This is a second mortgage of $27,000, subject to a first mortgage of $50,000, both owned by-plaintiff. Payments were not made on these mortgages in August, 1932, according to their terms. It is claimed on the part of defendant that the time for making these payments was extended for the year of 1932 under some oral arrangement between the parties, which oral arrangement is denied by plaintiff. These mortgages are upon a summer boarding…