49 A.D. 361 | N.Y. App. Div. | 1900
In the order appealed from the receiver is directed to apply the rents and profits collected by him, “ first, to the reduction and extinguishment of the amount due to the plaintiff herein, and secondly, to apply any surplus * * * to the amount due said Henderson, Hull and Company.” The latter claimed by the terms of their bond and mortgage, that the defendant McAllister “ pledged the rents
Present — Van Brunt, P. J., Barrett, Rumsey, O’Brien and Ingraham, JJ.
Order modified as directed in opinion, and as modified affirmed, without costs.