New York Court of Appeals
Ezra W. Acer, Appellant v. Levi Hotchkiss, Impleaded
November 25, 188497 N.Y. 395
Summary
The Court reversed the lower court's judgment, holding that Hotchkiss was not entitled to subrogation because he was a volunteer, not a surety, and because he lost the right to rescind the contract after enforcing it with knowledge of fraud; the contract required him to pay and discharge the mortgage absolutely.