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MATTER OF SIEGEL

276 A.D. 888 (1949)

In the Matter of The Estate of Henry Siegel, Deceased. Harris Lichtman, Respondent; Goldie Siegel, as Executrix of Henry Siegel, Deceased, Appellant

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

December 29, 1949.

The evidence is sufficient to justify the finding that there was no unauthorized extension of the mortgage. The guarantee was one of payment and not merely of collectibility (Stillman v. Northrup, 109 N.Y. 473, 481). The property had been sold under foreclosure to satisfy a prior mortgage. There was evidence to support the finding that its market value was less than the amount of the prior lien and that there was no equity...

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