Appellate Division of the Supreme Court of the State of New York July 1, 1899 (Ments v. Both)

Hatch, J.:

The facts out of which this action arose are not complicated. It Appears that the defendant-sold to one Clara Holsten, through her husband, acting as her agent-,- a certain saloon, the consideration -therefor being $5,500, payable by the assumption of. a mortgage of $2,000, held by S.