Legal Opinion

Sage v. Mendelson

New York Supreme Court

Decided December 15, 1903PublishedCited by 1 opinion

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

  1. Hollenbeck v. . DonnellNew York Court of Appeals · 1884
  2. Brick v. HornbeckNew York Supreme Court · 1897
  3. Shotwell v. SmithNew York Court of Chancery · 1842
  4. Butler v. FrazerNew York Supreme Court · 1896

3Cited by1 opinion

  1. Lyng v. MarcusNew York Supreme Court · 1909

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