Lederer v. Muir

I dissent.(1) Although appellant expressly conceded in her opening brief that the agreement signed by her on February 14, 1945, did not create a mortgage and “could not ... be construed as security for the note,” respondent’s brief contains a needless argument that the agreement was security for the note and that she waived the security in order to sue on the note. Since a defense on that ground was not made by appellant at the trial and is renounced on the appeal the discussion of the subject in Mr. Justice McComb’s opinion is unnecessary and answers a nonexistent question.(2) The promissory…