Ferguson v. Morris — 8 N.Y. Sup. Ct. 619

Majority

p. 619

BETSEY A. FERGUSON and HELENA H. BORDEN, Administratrixes, etc., Respondents, v. MARY MORRIS and JOHN MORRIS, Appellants.

Headnote

Appeal from a judgment entered on the report of a referee in favor of the plaintiff. The action was brought for the foreclosure of a mortgage. The court, after • an examination of the evidence, was of opinion that there was no consideration for the mortgage, and that the judgment was erroneous.

p. 620

Sisley db Stoddard, for the appellants.

Biehardsm db Adams, for the respondents.

Opinion by Mullet, P. J.

Judgment reversed, and new trial granted before another referee, costs to abide event.