Orleans County National Bank v. Moore
New York Supreme Court
Appeal from an order of tbe Orleans county Special Term confirming tbe report of .a referee, directing tbe mode and manner of applying tbe moneys amounting to $9,600 derived on a sale of lands .in an action brought for tbe foreclosure of a mortgage.
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Appeal from an order of tbe Orleans county Special Term confirming tbe report of .a referee, directing tbe mode and manner of applying tbe moneys amounting to $9,600 derived on a sale of lands .in an action brought for tbe foreclosure of a mortgage. The mortgage in question was made and executed by tbe defendant Church and wife, to tbe plaintiff, on tbe 22d day of August, 1884. At that time the mortgagor Church was indebted to tbe plaintiff tbe Orleans County National Bank and tbe mortgage was executed to secure tbe payment of such indebtedness. Tin’s indebtedness consisted of several pieces…
1Opinion of the Court
BARKER, P. J.:
The correctness of the basis of distribution of the moneys derived from the sale of the mortgaged premises, depends upon a question of fact in dispute between the parties, litigated before and determined by the referee. The bank contends that the money loaned by it upon the paper, to which Moore is a party, was borrowed by him and he should be treated as the principal debtor and not as a mere surety for Church. Moore disputes this contention and claims that he occupies the position of surety as to those items of indebtedness, and became a party to the paper at the request of and…
2Cases cited3 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- National Bank of Newburgh v. . BiglerNew York Court of Appeals · 1880
- Cory v. . LeonardNew York Court of Appeals · 1874