Appellant shall recover of respondent $50 costs and disbursements of this appeal.
In this action to foreclose a second mortgage, the complaint alleged an antecedent indebtedness to plaintiff and alleged that the bond and mortgage was delivered to plaintiff for a valuable consideration. Defendant interposed a general denial. Thereafter in opposition to a motion for summary judgment defendant claimed duress and a lack of consideration. Where, as here, the cause of action...
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