Honeyman v. Hanan, 302 U.S. 375 (1937)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 302 U.S. 369, click here.

Honeyman v. Hanan


No. 583


Motion to dismiss
Decided December 20, 1937
302 U.S. 375

APPEAL FROM THE SUPREME COURT OF NEW YORK

Syllabus

Sections 1083-a and 1083-b of the New York Practice Act, which provide that an action to recover a money judgment for any indebtedness secured by mortgage may not be maintained after the mortgaged premises have been sold under a judgment of foreclosure and sale, unless the right to a deficiency judgment has been determined in the foreclosure suit, did not impair the contract rights (Const. Art. I, § 10) of one who, having foreclosed a mortgage and been denied a deficiency judgment, was prevented by the statute from enforcing, by separate action, a bond securing the mortgage debt collaterally, against one who was party to the foreclosure suit, and against whom a deficiency judgment might have been awarded in the foreclosure suit, but as to whom it was discontinued after a motion for deficiency judgment was denied. The question relates to the distribution of jurisdiction in the state courts. P. 378.

275 N.Y. 382, 9 N.E.2d 970, appeal dismissed.

Appeal from affirmance of a judgment dismissing an action on a bond. An earlier phase of the case is reported in 300 U.S. 14.