Moreover, it has been widely recognized in numerous cases that a deed or bill of sale which appears on its face to convey title absolutely, may nevertheless be found from a consideration of all the facts and surrounding circumstances to constitute merely a device for providing security for money loaned, such as a mortgage. Mooney v. Byrne, 163 N.Y. 86, 57 N.E. 163, recently cited in Wallace v. McCabe, 245 N.Y.S.2d 854 (1964); Hughes v. Harlam, 166 N.Y. 427, 60 N.E. 22, 23-24; Gore v. Glover, 40 Misc. 473, 97 N.Y.S. 969. See also the numerous cases collected in 33 A.L.R. 2d 364, 369-374, in annotation entitled "Bill of Sale, absolute on its face, as a chattel mortgage."
Moreover, it has been widely recognized in numerous cases that a deed or bill of sale which appears on its face to convey title absolutely, may nevertheless be found from a consideration of all the facts and surrounding circumstances to constitute merely a device for providing security for money loaned, such as a mortgage. Mooney v. Byrne, 163 N.Y. 86, 57 N.E. 163, recently cited in Wallace v. McCabe, 245 N.Y.S.2d 854 (1964); Hughes v. Harlam, 166 N.Y. 427, 60 N.E. 22, 23-24; Gore v. Glover, 40 Misc. 473, 97 N.Y.S. 969. See also the numerous cases collected in 33 A.L.R.2d 364, 369-374, in annotation entitled ‘Bill of Sale, absolute on its face, as a chattel mortgage.’