Wyckoff v. . Scofield
New York Court of Appeals
Appeal from an order of the General Term of the Superior Court of the city of New York, made April 12, 1886, which affirmed an order of Special Term denying a motion on the part of William S. Haddock, the appellant, for an order requiring the receiver appointed herein to pay out of the funds in his hands to said Haddock the sum of $395. (Reported below, 21 J. & S. 237.) This action was brought to foreclose a mortgage upon premises known "as No. 367 West Twenty-third street,…
Read the full summary
Appeal from an order of the General Term of the Superior Court of the city of New York, made April 12, 1886, which affirmed an order of Special Term denying a motion on the part of William S. Haddock, the appellant, for an order requiring the receiver appointed herein to pay out of the funds in his hands to said Haddock the sum of $395. (Reported below, 21 J. & S. 237.) This action was brought to foreclose a mortgage upon premises known "as No. 367 West Twenty-third street, in the city of New York, of which defendant Scofield was the owner. Daniel J. Noyes was appointed receiver of the rents…
1Opinion of the CourtDanforth, J.
It does not appear upon what ground the receiver was appointed, but it may be assumed that the premises were an inadequate security for the mortgage debt, or that the rents were expressly pledged for its payment; but for whatever cause, it is plain the receiver had no power to lessen the fund to which the plaintiff had a right to resort. Such directions might have been given by the court if necessary for the preservation of the property. It was not applied' to. The expenses were not incurred nor the repairs made with? its permission, and whether, having been made, the court should allow its…
2Cited by7 opinions
- Woman's Hospital v. Loubern Realty Corp.New York Court of Appeals · 1934
- Mortimer v. East Side Savings BankAppellate Division of the Supreme Court of the State of New York · 1937
- Stokes v. Hoffman HouseAppellate Division of the Supreme Court of the State of New York · 1899
- Stokes v. Hoffman HouseAppellate Division of the Supreme Court of the State of New York · 1899
- Dow v. NealisAppellate Terms of the Supreme Court of New York · 1905
2 more not listed; retrieve them via the Exa API.