SMITH v. ROTHMAN


6 A.D.2d 859 (1958)

David Smith, Respondent, v. Beatrice Rothman et al., Defendants, and Aaron Eichler, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1958


Per Curiam.

There is no proof in the record of any agreement between plaintiff, as holder of the note, and defendant-appellant, as indorser, that the note was to be surrendered and a second mortgage substituted in its stead. Plaintiff wanted security for the various advances he had made, and the debtor gave him the note which appellant indorsed as evidence of the debt, with the understanding that any proceeds realized...

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