Mutual Life Insurance v. Fitzpatrick

Appellate Terms of the Supreme Court of New York

Mutual Life Insurance v. Fitzpatrick

180 Misc. 543, 42 N.Y.S.2d 874, 1943 N.Y. Misc. LEXIS 2083

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 10, 1943

StatusPublished

This text of 180 Misc. 543 (Mutual Life Insurance v. Fitzpatrick) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mutual Life Insurance v. Fitzpatrick, 180 Misc. 543, 42 N.Y.S.2d 874, 1943 N.Y. Misc. LEXIS 2083 (N.Y. Ct. App. 1943).

Pincite

Opinion

Memorandum Per Curiam.

The mortgagee was entitled to the rents by reason of the agreement of the mortgagor giving the assignment of rents and the right to re-enter upon default. There was a default and demand for possession and therefore the tenant should have paid the rent to the mortgagee.

Judgment reversed and judgment directed for plaintiff as claimed in the summons, with costs.

Shientag, McLaughlin and Hecht, JJ., concur.

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Memorandum Per Curiam.

The mortgagee was entitled to the rents by reason of the agreement of the mortgagor giving the assignment of rents and the right to re-enter upon default. There was a default and demand for possession and therefore the tenant should have paid the rent to the mortgagee.

Judgment reversed and judgment directed for plaintiff as claimed in the summons, with costs.

Shientag, McLaughlin and Hecht, JJ., concur.

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Bluebook (online)

180 Misc. 543, 42 N.Y.S.2d 874, 1943 N.Y. Misc. LEXIS 2083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mutual-life-insurance-v-fitzpatrick-nyappterm-1943.