New York Supreme Court January 27, 1863 (Evans v. Wilcox)

By the Court,

Campbell, P. J

The decision of the referee was clearly right. The defendant obtained the money sought to be recovered in this action, and executed the following instrument ; “ Received, Deposit October 8, 1859, from Henry Sheldon at the hand of Henry Evans, eighty-five dollars, which I promise and agree shall be indorsed on bond and mortgage known as the John Peters mortgage, which