Legal Opinion

City Bank Farmers Trust Co. v. Ardlea Corp.

New York Court of Appeals

Decided April 17, 1935PublishedCited by 24 opinions

1Opinion of the CourtHubbs, J.

The primary question presented on this appeal is whether an independent collateral agreement to pay a part of the amount secured by a bond and real property mortgage executed and delivered more than six years after the date of the original bond and mortgage, is within the purview of section 1083-b of the Civil Practice Act. The collateral agreement was executed and delivered on September 1, 1932. The Civil Practice Act, section 1083-a, provides that deficiency judgments on foreclosure of real property mortgages shall be limited to an amount equal to the difference between the amount payable…

2Cases cited2 opinions

  1. Klinke v. SamuelsNew York Court of Appeals · 1934
  2. New York Life Insurance v. H. & J. Guttag Corp.New York Court of Appeals · 1934

3Cited by24 opinions

  1. Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
  2. Honeyman v. HananSupreme Court of the United States · 1937
  3. Honeyman v. JacobsSupreme Court of the United States · 1939
  4. Allstate Insurance v. LibowAppellate Division of the Supreme Court of the State of New York · 1984
  5. Honeyman v. HananNew York Court of Appeals · 1937

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