Graybill v. Heylman

Appellate Division of the Supreme Court of New York

Graybill v. Heylman

139 A.D. 898, 123 N.Y.S. 622

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1910

StatusPublished

Cited by1 cases

This text of 139 A.D. 898 (Graybill v. Heylman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Graybill v. Heylman, 139 A.D. 898, 123 N.Y.S. 622 (N.Y. Ct. App. 1910).

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Opinion

Appeal from an order, entered on the 25th day of March, 1910, appointing a - receiver of mortgaged premises.

Scott J.:

There is. no positive allegation in the papers upon which this motion was made that the security is insufficient. It is true that the mortgage provides that'a receiver may be. appointed without regard to the value of the premises “ on five, days’-.notice to the party of the first part, hér heirs or assigns,” but it'does not appear that such notice has been given. The.sase is much like Jarmulowsky v. Rosenbloom (125 App. Div. 542), wherein a. similar order was reversed.. The order appealed from should be reversed, with ten dollars costs and. disbursements, and motion1'denied, with leave to renew upon further- papers. Ingraham, P. J., McLaughlin, Clarke .and. Dowling, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion denied, -with leave to renew.

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Appeal from an order, entered on the 25th day of March, 1910, appointing a - receiver of mortgaged premises.

Scott J.:

There is. no positive allegation in the papers upon which this motion was made that the security is insufficient. It is true that the mortgage provides that'a receiver may be. appointed without regard to the value of the premises “ on five, days’-.notice to the party of the first part, hér heirs or assigns,” but it'does not appear that such notice has been given. The.sase is much like Jarmulowsky v. Rosenbloom (125 App. Div. 542), wherein a. similar order was reversed.. The order appealed from should be reversed, with ten dollars costs and. disbursements, and motion1'denied, with leave to renew upon further- papers. Ingraham, P. J., McLaughlin, Clarke .and. Dowling, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion denied, -with leave to renew.

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139 A.D. 898, 123 N.Y.S. 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graybill-v-heylman-nyappdiv-1910.

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