KING v. BLACK


280 A.D. 935 (1952)

Harry C. King, Respondent, v. Joseph Black et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 6, 1952.


It was undisputed at the trial that appellants were entitled to certain credits to offset the amount of the indebtedness for which the learned referee found that the deed was given as security. Some evidence as to the amount of such credits was adduced, but no credit was given therefor in the judgment. In the interests of justice, a new trial should be had, at which evidence with respect to the credits may be fully...

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