Rutherfurd Realty Co. v. . Cook
New York Court of Appeals
Cboss-appeals, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1909, which modified, and affirmed as modified, an order of Special Term directing that a certain fund, being rents of mortgaged premises collected during the pendency of an action of foreclosure, be paid to the defendant. The facts, so far as material, and the questions certified are stated in the opinion.
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Cboss-appeals, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1909, which modified, and affirmed as modified, an order of Special Term directing that a certain fund, being rents of mortgaged premises collected during the pendency of an action of foreclosure, be paid to the defendant. The facts, so far as material, and the questions certified are stated in the opinion. At the time of the entry of the foreclosure judgment the plaintiff had a lien on the property, a lien on the rents, and under certain circumstances…
1Opinion of the Court
Cullen, Ch. J.
Some time prior to November 13th, 1905, this action was brought for the foreclosure óf a mortgage on certain leasehold property in the city of New York. The defendant Cook, though not the mortgagor, was, at the time, the owner of the equity of redemption. By the complaint the plaintiff sought not only a foreclosure of the mortgage and sale of the mortgaged premises, but also to charge the defendant Cook with liability for any deficiency on the ground that by certain agreements he had become personally liable for the mortgage debt. Shortly after the institution of the action the…
2Cases cited4 opinions
- Riggs v. . PursellNew York Court of Appeals · 1878
- Hollenbeck v. . DonnellNew York Court of Appeals · 1884
- Bank of Ogdensburgh v. ArnoldNew York Court of Chancery · 1835
- Rutherfurd Realty Company v. . CookNew York Court of Appeals · 1908
3Cited by8 opinions
- New York Life Insurance v. H. & J. Guttag Corp.New York Court of Appeals · 1934
- Griffo v. Swartz, New York County Courts1969
- In re Ganet Realty Corp.District Court, S.D. New York · 1935
- Otselic Valley National Bank v. DapsonNew York Supreme Court · 1939
- Iroquois Brewing Co. v. ScarabelloAppellate Division of the Supreme Court of the State of New York · 1919
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