Goodell v. Silver Creek National Bank

Judgment affirmed, with, costs. Memorandum: We regard the master’s deed dated April 10, 1935, though absolute in form, as an equitable mortgage. Finding of fact No. 12 disapproved and reversed. A11 concur. (The judgment dismisses plaintiffs’ •mended complaint and awards defendant judgment on its counterclaim, in an action to declare a deed to be collateral security for loans.) Present — Cunningham, P. J., Dowling, Harris, McCurn and Larkin, JJ.