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Goodell v. Silver Creek National Bank

268 A.D. 1020 Court N.Y. App. Div. Decision date 1944-12-29 English

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p. 1020
Ida A. Goodell et al., as Executors of Harry E. Goodell, Deceased, Appellants, v. Silver Creek National Bank, Respondent.

Judgment affirmed, with, costs. Memorandum: We regard the master’s deed dated April 10, 1935, though absolute in form, as an equitable mortgage. Finding of fact No. 12 disapproved and reversed. A11 concur. (The judgment dismisses plaintiffs’ •mended complaint and awards defendant judgment on its counterclaim, in an action to declare a deed to be collateral security for loans.) Present — Cunningham, P. J., Dowling, Harris, McCurn and Larkin, JJ.