Opinion
January 10, 1951.
Appeal from Supreme Court, Madison County.
Present — Foster, P.J., Heffernan, Deyo, Bergan and Coon, JJ.
The testimony clearly indicated that the defendant Perry C. Goodspeed was indebted to the defendant Spaulding in the sum of $2,000 for some time prior to the execution of the bond and mortgage. The Official Referee held that the mortgage was given in good faith and for a fair consideration as provided by sections 272 Debt. Cred. and 273 Debt. Cred. of the Debtor and Creditor Law. The evidence sustains this decision. We find no reversible error in the reception of testimony. Judgment unanimously affirmed, with costs.