
    William S. Jarvis, Trustee, Plaintiff, v. James P. McQuaide et al., Defendants.
    (Supreme Court, Kings Special Term,
    June, 1898.)
    Foreclosure — Stipulation in a mortgage authorizing a receiver pendente lite.
    Although a mortgage contains a clause providing for the appointment of a receiver of the rents and profits pendente lite, the court will not grant such an application in a summary manner, where no allegations are made as to whether the security is sufficient or insufficient to pay the debt.
    Motion for a receiver pendente lite in an action of foreclosure.
    Aaron P. Whitehead, for plaintiff.
    William L. Stone, for defendant.
   Johnson, J.

The practice allowing a receiver, standing as an exception to the rule, though well recognized and understood, I do not think can be extended by agreement.

Motion denied, with $10 costs in the cause, to defendant, but without prejudice to application on other grounds.

Motion denied, with $10 costs, to defendant, without prejudice ' to application on other grounds.  