Gushner, Assignee v. Silverman

Opinion by

Baldrige, J.,

The jury in this case found a verdict for the defendants and the court subsequently entered judgment n. o. v. in favor of the plaintiff, the appellee. The Tioga National Bank and Trust Company, executor under the will of Charles T. Mulligan, deceased, appealed.

The action originated by the issuance of a scire facias sur mortgage. The. appellant in its affidavit of defense alleges that the mortgage was paid to the agent of the mortgagee. The appellee, the present holder of the mortgage, contends that there was insufficient proof of an implied agency to submit the issues…