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.