Opinion
May, 1913.
Judgment reversed and new trial granted, with costs to appellant to abide event. Held, First. That the determination of the Special Term that plaintiff did not purchase the mortgage but paid the same to discharge her debt to defendant, John B. Goggin, is contrary to and against the weight of the evidence. Second. That entry of judgment upon the memorandum or opinion of the justice presiding at the trial without formal findings was irregular and unauthorized. All concurred.