New York Court of Appeals October 30, 1891 (Bliven v. . Lydecker)

Vann, J.

The judgment rendered by the Special Term Avas not reversed upon a question of fact (Code O. P. § 1338), but the order of reversal was based upon the assumption that there was no evidence to support the finding that the mortgagee either authorized or acquiesced in the exaction of the bonus of four hundred dollars.