Bergin v. Robbins

The plaintiff brought this action to foreclose a fourth mortgage which he had upon property owned by one Swirsky. A receiver of the rents of the mortgaged premises was appointed by the court ón July 18th, 1928, who collected a part of the rents for the month of July and all of the rents for the months of August, September, October and November. The receiver filed an account showing a balance, after the payment of certain expenditures for the . upkeep of the premises, of $2169.36. This fund was claimed by the plaintiff and also by Frank, a prior incumbrancer, and was awarded by the court to…