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HONEYMAN V. HANAN, 302 U. S. 375 (1937)

U.S. Supreme Court

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

Honeyman v. Hanan

No. 583

Motion to dismiss

Decided December 20, 1937

302 U.S. 375


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. 302 U. S. 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.

Page 302 U. S. 376

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