United States Supreme Court Cases & Opinions

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

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. 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