Lapp v. Belvedere

The opinion of the court was delivered by

Heher, J.

The question for decision is whether chapter 331 of the laws of 1933 (Pamph. L., 509), providing that no action shall be instituted against any person answerable on a bond secured by a real estate mortgage, unless such party shall have been joined in the proceeding to foreclose the mortgage, contravenes article I, section 10, paragraph 1, of the federal constitution, enjoining the states from passing any law impairing the obligation of contracts, and article IV, section 7, paragraph 3, of the state constitution, imposing a like prohibition…