Provident Sav. Bank & Trust Co. v. Steinmetz

CourtNew York Court of Appeals
Writing for the CourtCRANE
Citation270 N.Y. 129,200 N.E. 669
Decision Date03 March 1936
PartiesPROVIDENT SAVINGS BANK & TRUST CO. v. STEINMETZ et al.

270 N.Y. 129
200 N.E. 669

PROVIDENT SAVINGS BANK & TRUST CO.
v.
STEINMETZ et al.

Court of Appeals of New York.

March 3, 1936.


Action by the Provident Savings Bank & Trust Company, as executor of the last will and testament of George H. Massey, deceased, against John A. Steinmetz and another. From a judgment of the Appellate Division (244 App.Div. 779, 280 N.Y.S. 778), affirming a judgment for plaintiff, defendants appeal by permission.

Affirmed.


[270 N.Y. 129]Appeal from Supreme Court, Appellate Division, First department.

Harry H. Chambers, of New York City, for appellants.

270 N.Y. 130]William O. Robertson, of New York City, for respondent.
CRANE, Chief Judge.

This action is brought by the respondent as executor of the last will and testament of George H. Massey to recover the amount of two notes made by appellants to the order of the decedent, in the aggregate principal amount of $9,000. The answer alleges by way of affirmative defense that the two notes described in the complaint, and a third note, which has been paid, were given by the appellants to the decedent, simultaneously with a first and purchase-money mortgage upon real property located in the state of Florida; that the mortgage secured the payment of the notes, and that the fair and reasonable market value of the property, less the amount owing on prior liens or incumbrances, exceeds the amount unpaid upon the two notes. Respondent moved for summary judgment, which was granted by the Special Term and affirmed by the Appellate Division.

[200 N.E. 670

The defendants appellants have attempted to set up a defense, pursuant to section 1083-b of the Civil Practice Act. We are of the opinion that the matter set forth is good as a total or partial defense provided this section of the Civil Practice Act applies to bonds or notes secured by mortgage upon property in foreign states. Did the Legislature by these provisions, known [270 N.Y. 131]as the Mortgage Moratorium Statute, intend to have them apply to mortgages upon property in other states of the Union?

These sections are found in article 65, entitled, ‘Action to foreclose a mortgage.’ It is conceded that such an action can only apply to real property located in this state. That the article also applies to actions which are brought upon the bond secured by the mortgage is evident from reading the very first section of the article, section 1077: ‘Where final judgment for the plaintiff has been rendered in an action to recover any part of the mortgage debt, an action shall not be commenced or...

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17 practice notes
  • Beaver County Bldg. & Loan Ass'n v. Winowich
    • United States
    • Pennsylvania Supreme Court
    • October 5, 1936
    ...N.Y.S. 629; Emigrant Industrial Savings Bank v. Van Bokkelen, 209 N.Y. 110, 199 N.E. 23; Provident Savings Bank & Trust Co. v. Steinmetz, 270 N.Y. 129, 200 N.E. 669. It was also questioned to some extent in New York Life Ins. Co. v. H. & J. Guttag Corp., 205 N.Y. 292, 192 N.E. 481. But it w......
  • Gramercy Inv. Trust v. Lakemont Homes Nev., Inc., No. E051384.
    • United States
    • California Court of Appeals
    • August 24, 2011
    ...State of New York. New York cases interpreting the New York law are in accord. (See Provident Savings Bank & Trust Co. v. Steinmetz (1936) 270 N.Y. 129, 132–133, 200 N.E. 669; see also Integrity Trust Co. v. Posch (1939) 13 N.Y.S.2d 973, 976.) New York State practice guides subscribe to and......
  • Gramercy Inv. Trust v. Lakemont Homes Nev. Inc., No. E051384.
    • United States
    • California Court of Appeals
    • August 24, 2011
    ...State of New York. New York cases interpreting the New York law are in accord. (See Provident Savings Bank & Trust Co. v. Steinmetz (1936) 270 N.Y. 129, 132–133, 200 N.E. 669; see also Integrity Trust Co. v. Posch (1939) 13 N.Y.S.2d 973, 976.) New York State practice guides subscribe to and......
  • Bullington v. Mize, No. 11972
    • United States
    • Utah Supreme Court
    • December 15, 1970
    ...Conflict-of-Laws Method. 8 Ehrenzweig on Conflicts of Law, § 232, 2(a)(2), p. 611. 9 See Provident Savings Bank & Trust Co. v. Steinmetz, 270 N.Y. 129, 200 N.E. 669 (1936); McGirl v. Brewer, 132 Or. 422, 280 P. 508, 285 P.2d 208 (1930); Fidelity-Bankers Trust Co. v. Little, 178 S.C. 133, 18......
  • Request a trial to view additional results
18 cases
  • Beaver County Bldg. & Loan Ass'n v. Winowich
    • United States
    • Pennsylvania Supreme Court
    • October 5, 1936
    ...N.Y.S. 629; Emigrant Industrial Savings Bank v. Van Bokkelen, 209 N.Y. 110, 199 N.E. 23; Provident Savings Bank & Trust Co. v. Steinmetz, 270 N.Y. 129, 200 N.E. 669. It was also questioned to some extent in New York Life Ins. Co. v. H. & J. Guttag Corp., 205 N.Y. 292, 192 N.E. 481. But it w......
  • Gramercy Inv. Trust v. Lakemont Homes Nev. Inc., No. E051384.
    • United States
    • California Court of Appeals
    • August 24, 2011
    ...State of New York. New York cases interpreting the New York law are in accord. (See Provident Savings Bank & Trust Co. v. Steinmetz (1936) 270 N.Y. 129, 132–133, 200 N.E. 669; see also Integrity Trust Co. v. Posch (1939) 13 N.Y.S.2d 973, 976.) New York State practice guides subscribe to and......
  • Gramercy Inv. Trust v. Lakemont Homes Nev., Inc., No. E051384.
    • United States
    • California Court of Appeals
    • August 24, 2011
    ...State of New York. New York cases interpreting the New York law are in accord. (See Provident Savings Bank & Trust Co. v. Steinmetz (1936) 270 N.Y. 129, 132–133, 200 N.E. 669; see also Integrity Trust Co. v. Posch (1939) 13 N.Y.S.2d 973, 976.) New York State practice guides subscribe to and......
  • Bullington v. Mize, No. 11972
    • United States
    • Utah Supreme Court
    • December 15, 1970
    ...Conflict-of-Laws Method. 8 Ehrenzweig on Conflicts of Law, § 232, 2(a)(2), p. 611. 9 See Provident Savings Bank & Trust Co. v. Steinmetz, 270 N.Y. 129, 200 N.E. 669 (1936); McGirl v. Brewer, 132 Or. 422, 280 P. 508, 285 P.2d 208 (1930); Fidelity-Bankers Trust Co. v. Little, 178 S.C. 133, 18......
  • Request a trial to view additional results

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