Steiner v. Schrank

By the Court.

The defendant as mortgagee foreclosed for admitted default in its conditions a mortgage of personal property owned subject to the mortgage by the plaintiff, and at the foreclosure sale attended by the plaintiff, purchased the property for the face of the mortgage. Three days later he sold the property at a profit.

The plaintiff states that the “only question in this case is whether the defendant (the former mortgagee) must account to the plaintiff for the profit.” There is no contention that the foreclosure sale was not fairly conducted, that the price thereby obtained was…