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.