Guarente v. Ginsberg

The issue presented is whether the finding or ruling that the plaintiff “has not sustained the burden of proof” was erroneous as a matter of law. In our judgment it was.

It is not disputed that both notes secured by mortgage on the plaintiff’s property were held by the Lockwood interests at the time of the six-thousand-dollar payment by the plaintiff to the defendant on June 12, 1954, and that they were also assignees of the mortgages. Consequently the defendant was in no position either to credit the plaintiff with payment on account of the notes or to discharge them should they be paid in…