Vogel v. Nachemson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jennie Eacliemson, from an order of the Supreme Court, made at the' Eew Fork Special Term and entered in the office of the clerk of the county of Eew Fork on the 5th day of January, 1910, directing a receiver appointed in a foreclosure action to pay rents which he had collected to the owner of the equity of the property foreclosed.
1Opinion of the Court
McLaughlin, J.:
This action was brought to foreclose a mortgage upon real estate and for a sale. During the pendency of the action the plaintiff had a receiver appointed to collect the rents. After applying the proceeds of the sale upon the plaintiff’s mortgage there remained in the hands of the receiver, after paying all expenses of the receivership, $390.67. The plaintiff moved for the discharge of the receiver and the distribution of this sum, The respondent, as the owner of the equity of redemption, claims that' she is entitled to it, and a like claim is made by the appellant, a junior…
2Cited by3 opinions
- Womans Hospital v. Sixty-Seventh Street Realty Co.New York Court of Appeals · 1934
- Continental Insurance v. ReeveAppellate Division of the Supreme Court of the State of New York · 1912
- Izzo v. McKayNew York Supreme Court · 1920