Fisher v. Meister

Complainants filed their bill as assignees, to foreclose a mortgage upon the homestead of defendants for one thousand dollars, given to secure a negotiable note. The securities were assigned to complainants, who are bankers, absolutely, but they were to he held as collateral security against any overdrafts or similar liabilities, and no such liabilities have ever existed to their damage. As a matter of fact, we think there is no doubt, from the proofs, that the original mortgagees, Simon Ferner and Hyams Kraushaar, transferred the papers before maturity to be held for their convenience, and…