Hirsch v. Badler

In an action to foreclose a mortgage on real property, the appeal is from a judgment entered after trial before an Official Referee, dismissing the complaint. Judgment reversed on the law and the facts, without costs, and judgment of foreclosure and sale granted as demanded in the complaint. Findings of fact insofar as they may be inconsistent herewith are reversed and new findings are made as indicated herein. While the declarations of an alleged agent are not competent to prove the agency as against the alleged principal, the principal may prove the agency by the testimony of his agent.…