Joseph Rabinowitz, Respondent, v. James Power, Unmarried, Appellant, Impleaded with Susi Rosenberg, Formerly Known as Susi Wolf, and Others, Defendants

Joseph Rabinowitz, Respondent, v. James Power, Unmarried, Appellant, Impleaded with Susi Rosenberg, Formerly Known as Susi Wolf, and Others, Defendants. Receiver — inadequacy of mortgaged property. Appeal from an order of the Special Term, entered in the New York county clerk’s office on the 5th day of February, 1909, denying a motion to vacate an order. [MAJORITY — Per Curiam:] Per Curiam: The plaintiff having failed to show that the property is inadequate security for the amount due upon the bond and mortgage was not entitled to have a receiver of the property appointed. The order should he reversed, with ten dollars costs and disbursements, and the motion to vacate the order appointing a receiver granted, with ten dollars costs, with leave, however, to the plaintiff to renew the application in case the defendant should unreasonably defend the action. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to renew as stated in opinion. Settle order on notice.