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IVANHOE BLDG. ASSN. v. ORR

No. 611.

295 U.S. 243 (1935)

IVANHOE BUILDING & LOAN ASSN. v. ORR, TRUSTEE IN BANKRUPTCY.

Supreme Court of United States.

Decided April 29, 1935.

Attorney(s) appearing for the Case

Mr. Abraham Alboum, with whom Mr. Maurice J. Zucker was on the brief, for petitioner.

Mr. Saul Nemser, with whom Mr. Charles E. Hendrickson was on the brief, for respondent.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

In this case the question is whether a creditor of a bankrupt, who has recovered a portion of the debt owed him by foreclosure of a mortgage on property not owned by the bankrupt, may prove for the full amount of the debt, or only for the balance required to make him whole.

The owners of real estate in Newark, New Jersey, executed to the petitioner a bond in the penal sum of $23,000, conditioned for the...

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