Barnes v. Willet
12 Abb. Pr. 448 | N.Y. Sup. Ct. | 1861
—It is not necessary to decide here whether proof as to the insolvency of the debtor can be given in evidence in mitigation of damages. That question must be decided on the trial when the evidence is offered.
Order appealed from affirmed, with costs.
Present, Clerke, P. J., Ingraham and Leonard, JJ.