GELFERT v. NATIONAL CITY BANK

No. 740.

313 U.S. 221 (1941)

GELFERT, EXECUTOR, v. NATIONAL CITY BANK OF NEW YORK.

Supreme Court of United States.

Decided April 28, 1941.


Attorney(s) appearing for the Case

Mr. George Link, Jr. for petitioner.

Mr. Barney B. Fensterstock for respondent.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This action was brought by respondent to foreclose a mortgage made in December, 1932, by Carpenter. At that time § 1083 of the New York Civil Practice Act provided that the amount of the deficiency judgment was to be measured by the residue of the debt remaining unsatisfied after a sale of the mortgaged property and the application of the proceeds pursuant to the...

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