Bronx Savings Bank v. Conduff

OPINION

CARMODY, Justice.

This was a suit to foreclose a mortgage. Defendant Conduff cross-claimed against the defendants Dalton on the Daltons’ promise to assume the mortgage. The Daltons cross-claimed against Conduff for cancellation of the conveyance from Con-duff to them on the ground of Mr. Dalton’s infancy at the time of the conveyance. The trial court, sitting without a jury, determined the issues in favor of the plaintiff on its complaint, and in favor of the defendant Conduff on the cross-claims, holding that Dalton had ratified the conveyance, and the Daltons appeal.

On December 14,…