Farr v. Doxtater
New York Supreme Court
Action by Archibald Farr against Robert H. Doxtater and others to foreclose a mortgage given by Doxtater to plaintiff, and reciting that it was to-be “security for the payment of any and all notes, checks, and drafts indorsed by Farr for the benefit or accommodation of Doxtater, or of any firm in which Doxtater is interested, or in any way connected.”
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Action by Archibald Farr against Robert H. Doxtater and others to foreclose a mortgage given by Doxtater to plaintiff, and reciting that it was to-be “security for the payment of any and all notes, checks, and drafts indorsed by Farr for the benefit or accommodation of Doxtater, or of any firm in which Doxtater is interested, or in any way connected.” At the time of the execution of the mortgage, there was a note of Doxtater’s firm outstanding, on which plaintiff was indorser; and plaintiff thereafter indorsed other notes for Doxtater and his firm, two of which were subsequently paid by…
1Opinion of the CourtWilliams, J.
It is claimed by the defendant Nichols that the mortgage of plaintiff secured only indorsements which had already been made, and did not secure indorsements to be thereafter made. There is no doubt but that the court may look into the circumstances, and may take paroi evidence, for the purpose of determining what the intention of the parties was in making the mortgage. Bank v. Strever, 18 N. Y. 502; Bank v. Hall, 83 N. Y. 338; Simons v. Bank, 93 N. Y. 269. In 18 N. Y. the memorandum stated the note was left as collateral security for all liability incurred, and the proof showed there was at…
2Cases cited3 opinions
- Agawam Bank v. . StreverNew York Court of Appeals · 1859
- Merchants' National Bank of Whitehall v. HallNew York Court of Appeals · 1881
- Simons v. . First National BankNew York Court of Appeals · 1883