Jarvis v. McQuaide

This is an action to foreclose a mortgage on real property, and motion is made for a receiver of the' rents and profits pendente lite. The motion is based entirely on a clause in the mortgage providing for such a remedy,' no allegation being made as to the sufficiency or insufficiency of the security. On authority this motion must be denied. Sickles v. Canary, 8 App. Div. 308; Brick v. Hornbeck, 19 Misc. Rep. 218; Degener v. Stiles, 25 N. Y. St. Repr. 422. But apart from precedents, I think the results should .be the same. The remedy by receiver is sui generis, and an outgroiyth of the…