Thomson v. Erskine
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiffs, rendered by the Municipal Court of the city of New York, tenth district, borough of Manhattan.
1Opinion of the CourtMcAdam, J.
The plaintiffs, mortgagees of real property in the city of New York, sued the defendant, tenant of the mortgagor, to recover two months’ rent, on the theory of an assignment of the rent to the plaintiffs by the mortgagor. The facts are conceded. The mortgagor still owns the property. The alleged assignment is contained in the bond given by the mortgagor to the plaintiffs; and, by its terms, was to become operative upon default in the payment of principal or interest. Subsequent to the mortgagor’s default, the plaintiffs notified the defendant of the assignment, and the recovery is for rent…
2Cases cited3 opinions
- Harris v. TaylorAppellate Division of the Supreme Court of the State of New York · 1898
- Moffatt v. . SmithNew York Court of Appeals · 1850
- Morris v. NilesNew York Court of Common Pleas · 1861
3Cited by9 opinions
- In re BannerDistrict Court, S.D. New York · 1907
- Stanton v. Metropolitan Lumber Co.New Jersey Court of Chancery · 1930
- Franzen v. G. R. Kinney Co.Wisconsin Supreme Court · 1935
- Wiggins v. FreemanAppellate Division of the Supreme Court of the State of New York · 1916
- Sullivan v. RossonAppellate Division of the Supreme Court of the State of New York · 1915
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