Milner-Blonder Co. v. E. 106th St. Holding Co.

Cuyahoga County Common Pleas Court

Milner-Blonder Co. v. E. 106th St. Holding Co.

5 Ohio Law. Abs. 519

CourtCuyahoga County Common Pleas Court

DecidedApril 14, 1927

DocketNo. 266,079

StatusPublished

This text of 5 Ohio Law. Abs. 519 (Milner-Blonder Co. v. E. 106th St. Holding Co.) is published on Counsel Stack Legal Research, covering Cuyahoga County Common Pleas Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Milner-Blonder Co. v. E. 106th St. Holding Co., 5 Ohio Law. Abs. 519 (Ohio Super. Ct. 1927).

Pincite

Opinion

KRAMER, J.

In this case it appears that at the time of the appointment of the receiver certain rent had accrued which the receiver proceeded to collect. The owner of the property claims this money to be his and seeks an order upon the receiver for its payment to him.

The question presented is whether the receiver of property under foreclosure, or the owner, is entitled to rent accrued and unpaid at the time of the receiver’s appointment. This question seems to be entirely novel and never to have been passed upon by any court. Upon principle, this court is of the opinion that this accrued rental belongs to the receiver and was properly collected by him.

Motion denied.

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KRAMER, J.

In this case it appears that at the time of the appointment of the receiver certain rent had accrued which the receiver proceeded to collect. The owner of the property claims this money to be his and seeks an order upon the receiver for its payment to him.

The question presented is whether the receiver of property under foreclosure, or the owner, is entitled to rent accrued and unpaid at the time of the receiver’s appointment. This question seems to be entirely novel and never to have been passed upon by any court. Upon principle, this court is of the opinion that this accrued rental belongs to the receiver and was properly collected by him.

Motion denied.

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Bluebook (online)

5 Ohio Law. Abs. 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milner-blonder-co-v-e-106th-st-holding-co-ohctcomplcuyaho-1927.