Fiske v. Hibbard
The Superior Court of New York City
This action was brought to recover the amount of certain loans made by Frederick S. Heiser to the defendant in 1868, and also to recover the amount of advanees made by said Heiser, in order to protect his interest in a certain lease assigned by the said defendant to said Heiser, as security for the greater part of said loan. The defendant, by his answer, admits an indebtedness of a limited amount.
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This action was brought to recover the amount of certain loans made by Frederick S. Heiser to the defendant in 1868, and also to recover the amount of advanees made by said Heiser, in order to protect his interest in a certain lease assigned by the said defendant to said Heiser, as security for the greater part of said loan. The defendant, by his answer, admits an indebtedness of a limited amount. As to the residue of the claim, he interposes the statute of limitations as a defense ; but in case the statute shall not be held to bar a recovery, he claims that his indebtedness to Heiser was…
1Opinion of the Court
By the Court.—Freedman, J.
Whether the real arrangement between the parties amounted to an absolute or a conditional sale, or was intended to be collateral security for loans already made, and a further loan to be made on the faith of it, depends upon the facts and circumstances surrounding the transaction. It was competent to show that the writings, though appearing, to a certain extent, absolute upon their face, were intended to stand as security merely. . This proof the plaintiff furnished, and the defendant "gave no testimony to the contrary. The court below was, therefore, right in…
2Cases cited3 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- McNamee v. TennyNew York Supreme Court · 1864
- Loomis v. DeckerNew York Court of Common Pleas · 1861