A woman in New York convinced a friend to cosign a student loan for her son. The son was late with payments on a number of occasions, and each time the cosigner spoke with the mother about the problem not the borrower. All of his contacts have been with the mother.
The son defaulted on the loan, and the cosigner paid it off. He now wants to sue to recover the money he paid. Should he sue the mother, the only person with whom he ever spoke about the loan, the son, or both?

