What is the test to be applied under the New York State Criminal Code for an individual to be charged with a fraudulent loan?
MultiRegion, United States of America
The following excerpt is from In re Dresser, 135 F. 495 (2nd Cir. 1905):
'The test to be applied under the statute in every case, is whether the party sought to be charged is the principal debtor primarily liable, or whether he is only liable in case of the default of a third person; in other words, whether he is the debtor or whether his relation to the creditor is that of surety to him for the performance, by some other person, of the obligation of the latter to the creditor.'
In Bank v. Chalmers, 144 N.Y. 432, 39 N.E. 331, the court says:
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