Sparling v. Wells
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Solomon D. Burger and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 1st day of December, 1896, upon the decision of the court rendered after a trial before the court and a jury at the Ulster Trial Term.
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Appeal by the defendants, Solomon D. Burger and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 1st day of December, 1896, upon the decision of the court rendered after a trial before the court and a jury at the Ulster Trial Term. This action was brought to foreclose a mortgage held by the plaintiff upon premises which had been conveyed by the mortgagor, the defendant Wells, to the defendant Burger by a warranty deed, subsequent to the execution of the mortgage.
1Opinion of the Court
Herrick, J.:
The defendant and appellant in his answer alleges that the mortgage in question was given without any value or consideration, and *585also that the plaintiff, the assignee of the mortgage, never paid any consideration therefor. '
Upon the trial the appellant was not permitted to give evidence tending to prove that the mortgage was not given for value and was without consideration. The appellant also offered in evidence declarations of the mortgagee in his lifetime, and before he assigned the mortgage, to the effect that he gave no consideration for the mortgage; that he took it to…
2Cases cited14 opinions
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- Greene v. . WarnickNew York Court of Appeals · 1876
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