New York Court of Appeals

Solomon Loeb, Respondent v. Benjamin A. Willis, Impleaded

October 27, 1885100 N.Y. 231

Summary

The New York Court of Appeals reversed the lower court's judgment, holding that the prior discontinued foreclosure action did not constitute res judicata or estoppel against Willis. Accordingly, Willis may present defenses, including failure of consideration, in the current action to enforce the mortgage bond.