Hoye v. Bridgewater
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stephen M. Hoye, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 15th day of January, ■ 1909, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Jenks, J.:
In this action of foreclosure the defendants plead that the plaintiff as mortgagee in possession had received the rents and profits of the premises; that the same were sufficient, or such sum -as he could have received therefrom was sufficient, to discharge the obli*256gation, and asked for an accounting. The plaintiff denied occupation or control in such capacity. The Special Term found against him upon that issue and struck a balance between the amount due on the mortgage and the amount chargeable to the plaintiff, of $6.99, and gave judgment of foreclosure and of sale accordingly.…
2Cases cited6 opinions
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
- Townsend v. . BellNew York Court of Appeals · 1901
- de St. Laurent v. SlaterAppellate Division of the Supreme Court of the State of New York · 1897
- Lunny v. McClellanAppellate Division of the Supreme Court of the State of New York · 1906
- Burt v. . QuackenbushNew York Court of Appeals · 1903
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