Orthey v. . Bogan

This is an action to foreclose a mortgage given to secure the payment of a bond for $10,000, on property in Brooklyn. The question is whether the mortgage is the property of the plaintiff or the defendant Gunser, as executrix, etc., of Appolonia Bowden, deceased.

A judgment in favor of the plaintiff was reversed by this court and a new trial ordered for error in receiving evidence tending to show that the Westphal estate had paid full value for the mortgage. (226 N. Y. 234.)

On the new trial the court again found in favor of plaintiff. The Appellate Division reversed “ upon the law and the…