Sage v. Mendelson
New York Supreme Court
Motion for a receiver of rents pendente lite.
1Opinion of the CourtLevektbitt, J.
Motion for-a receiver of rents pendente lite. The bond and mortgage contain a clause pledging and assigning the rents and profits in the event of default. Fo interest, except a small sum, and no taxes have been paid for several years. In Ross v. Vernam, 6 App. Div. 247, the court say: “In the absence of a clause in the mortgage pledging the rents and profits of the premises as security for the mortgage debt, the mortgagor is entitled thereto before a sale of the premises is had, and such right can only be defeated by showing that the mortgaged property is an inadequate security for the…
2Cases cited4 opinions
- Hollenbeck v. . DonnellNew York Court of Appeals · 1884
- Brick v. HornbeckNew York Supreme Court · 1897
- Shotwell v. SmithNew York Court of Chancery · 1842
- Butler v. FrazerNew York Supreme Court · 1896
3Cited by1 opinion
- Lyng v. MarcusNew York Supreme Court · 1909