Thomas v. Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eva A. Thomas, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of November, 1903, denying the plaintiff’s motion for the appointment of a receiver pending the above-entitled action brought to foreclose a mortgage.
1Opinion of the Court
McLaughlin, J.:
This action is brought to foreclose a second mortgage upon cer^ tain real estate in the city of New York. After its commencement the plaintiff moved for the appointment pendente lite of a receiver *2of the rents, issues and profits of the real estate covered by the mortgage. The motion was denied and she has appealed.
From the papers used upon the motion it appears that in December, 1902, one Andrew J. Thomas owned the real estate in question, which he conveyed to Baldwin & Betts subject to two mortgages, one for $85,000 held by the Metropolitan Life - Insurance Company, and the…
2Cases cited1 opinion
- Eidlitz v. LancasterAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- Sullivan v. . RossonNew York Court of Appeals · 1918
- In re BannerDistrict Court, S.D. New York · 1907
- GP Putnam's Sons v. CalissiNew Jersey Superior Court Appellate Division · 1964
- W. I. M. Corp. v. CipuloAppellate Division of the Supreme Court of the State of New York · 1926
- Finch v. FlanaganAppellate Division of the Supreme Court of the State of New York · 1924
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