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GOODELL v. SILVER CREEK NATIONAL BANK

Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 29, 1944

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. All concur. (The judgment dismisses plaintiffs' amended complaint and awards defendant judgment on its counterclaim, in an action to declare a deed to be collateral security for loans.)