
    John E. Wheeler et al., as Executors of Ezra B. Wheeler, Deceased, Respondents, v. Parker Newton, Appellant.
    
      Wheeler v. Newton, 168 App. Div. 782, affirmed.
    (Argued January 19, 1917;
    decided February 6, 1917.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 20, 1915, reversing a judgment in fayor of defendant entered upon a dismissal of the complaint hy the court on trial at Special Term in an action brought to recover upon a “ bond clause ” contained in a mort- . gage, which instrument was executed December 20, 1892, and in terms obligated the makers to pay the sum of $600 and interest in monthly installments of $100 each, beginning on the 3d day of February, 1893. The defendant denied liability on the grounds: That there was no consideration for his promise; that he had been discharged in bankruptcy after the cause of action had accrued; that his liability was that of surety, and was discharged by the laches of the plaintiff’s testator; and that there was a mutual mistake in the execution of the contract by inserting the provisions of personal liability of the defendant who claimed that he executed the instrument under the belief that he was releasing his claimed marital rights in the property conveyed by the mortgage.
    
      H. C. Stratton for appellant.
    
      Eugene Clinton for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ.  