Dibble v. Richardson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants) Annie C. Richardson and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25th day of February, 1901, upon the decision of the court rendered after a trial at the Kings County Special Term foreclosing a mortgage.
1Opinion of the Court
Woodward, J.:
We are confronted upon this appeal with the same difficulty which apparently operated upon the court at Special Term—the lack of evidence to support the plausible theory of the defendants — for while there can be no doubt of the power of a court of equity to look behind the form of a mortgage, and, in a proper case, to hold that the mortgagor is a mere' surety for the debt of another and entitled to all the rights incident to that relation (Erie County Savings Bank v. Roop, 80 N. Y. 591, and authorities cited), there are no presumptions in favor of suretyship, and where the…
2Cases cited2 opinions
- The Bank of Albion v. . BurnsNew York Court of Appeals · 1871
- Erie County Savings Bank v. . RoopNew York Court of Appeals · 1880