Karnofsky v. Wells-Dickey Co.

Action to recover money paid, upon rescission on the ground of fraud of the assignment of a mortgage by the defendant, the mortgagee, to the plaintiff. At the close of the plaintiff’s testimony the action waS dismissed on motion of the defendant. The plaintiff made a motion for a new trial upon the ground that the decision was not justified by the evidence; that it was contrary to law; and because of errors of law occurring at the trial. The motion was granted. The defendant appeals.

Neither the order granting the motion for a new trial nor the memorandum of the court appended stated that it…