New York Supreme Court November 15, 1872 (Brooks v. Moore)

Hardin, J.

There was a question of fact for the jury, in this case, and their finding either way would have been justified by the evidence in the action.

The plaintiff alleged, and testified, that the property was to be taken and applied on the indebtedness of the defendant, at stated prices — as far as the property, at those prices, would pay the indebtedness; and that the balance of the