Ferris v. Hard

This action was commenced in 1882, and its object is to foreclose a mortgage given by defendants. A trial was had before a referee, who reported in favor of plaintiff, upon which judgment was entered. An appeal was thereafter taken to the General Term, where the judgment was affirmed,, and from thence to the Court of Appeals, which court reversed the judgment and ordered a new trial. The opinion delivered in the Court of Appeals shows that its decision was based upon an erroneous ruling of the referee in rejecting certain testimony offered by defendant. In this regard the case is interesting…