Hannah Sullivan, Appellant v. Thomas Rosson, Defendants, and James E. March, Respondent

Summary

The Court affirmed the Special Term's order that the funds collected by the receiver be paid to the plaintiff, a junior mortgagee, and reversed the Appellate Division's modification granting the senior mortgagee, James E. March, a claim to the surplus. The Court held that a senior mortgagee is not entitled to rents collected by a receiver appointed for a junior mortgage unless the receivership is extended for his benefit.