Majority
p. 902William O. Goddard, as Trustee in Bankruptcy, etc., Respondent, v. William J. Gladding, Appellant.
—Judgment reversed and new trial granted, costs to abide the final award of costs, upon the ground that it does not appear that Lundy was insolvent at the time he executed the mortgage, and that, at least in the absence of such evidence, it is not sufficiently shown that the mortgage was executed to the defendant in bad faith and without consideration. Thomas, Stapleton, Mills and Putnam, JJ., concurred, Jenks, P. J., taking no part.