Stephen D. Marshall, as Executors v. Thomas A. Davies, Respondent

Summary

The Court affirmed the Special Term judgment, holding that the trial court did not err in excluding the defendant's re‑examination about a purported conversation after the plaintiff had rested, and that a mortgagee out of possession may rely on the mortgagor's personal liability and is not required to protect the mortgaged premises when no notice or request to foreclose is given, leaving the mortgagor liable for any deficiency after sale.