Legal Opinion
In Re Berdick
District Court, S.D. New York
Decided December 22, 1931PublishedCited by 11 opinions
1Opinion of the Court
PATTERSON, District Judge.
A contest over rents has arisen between the mortgagee and the mortgagor’s receiver in bankruptcy. The mortgage contains the usual clause assigning the rents to the mortgagee in the event of default. The mortgag- or having defaulted, a foreclosure suit was commenced in the New York Supreme Court on October 19, 1931. To dispense with the appointment- of a receiver in that suit, the owner by written instrument dated November 2, 1931, authorized the mortgagee to go into possession of the premises and in the same paper,assigned to it the rents thereafter accruing as…
2Cases cited3 opinions
- Sullivan v. . RossonNew York Court of Appeals · 1918
- In re BroseCourt of Appeals for the Second Circuit · 1918
- In re MinogueDistrict Court, E.D. New York · 1930
3Cited by11 opinions
- In Re Shoppers Paradise, Inc.United States Bankruptcy Court, S.D. New York · 1980
- Prudential Ins. Co. of America v. Liberdar Holding Corp.Court of Appeals for the Second Circuit · 1934
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
- Chicago Title & Trust Co. v. HaightCourt of Appeals for the Seventh Circuit · 1938
- Walker v. Irving Trust Co.Court of Appeals for the Second Circuit · 1934
6 more not listed; retrieve them via the Exa API.