Judgment and order affirmed, with costs. All concurred, except Kruse, J., who dissented, upon the ground that the evidence relating to the bond, and mortgage was improperly stricken out, and that the case should have been submitted to the jury.
Judgment and order affirmed, with costs. All concurred, except Kruse, J., who dissented, upon the ground that the evidence relating to the bond, and mortgage was improperly stricken out, and that the case should have been submitted to the jury.