Kuhne v. Gescheidt , 59 N.Y. St. Rep. 883 ( 1894 )

DYKMAN, J.

This was an action upon a written instrument in the nature of a mortgage upon real property, containing an express covenant to pay. There was no question to submit to the jury, and the court, properly directed a verdict in favor of the plaintiff. The judgment should be affirmed, with costs.