Security Trust Co. v. Valley Cadillac Corp.

This case was tried before me without a jury. On the testimony and the evidence and upon due consideration, I make the following findings of fact:

In February, 1973, one Henry A. Calleri applied for and received a loan in the amount of $5,000 from the plaintiff, Security Trust Company of Rochester. The proceeds of the loan were first used to pay a previous indebtedness to the bank in the amount of $3,900.94. This payment removed the lien of the bank of Mr. Calleri’s 1972 Cadillac. The balance in the amount of $1,099.06 together with an additional $3 sup*512plied by the bank was made payable by…