Vincenzo Salerno, Appellant, v. Giuseppina Sarlo and Another, Respondents

Vincenzo Salerno, Appellant, v. Giuseppina Sarlo and Another, Respondents. Judgment reversed and new trial granted, costs to abide the event, on the ground that if the mortgage was, as found, a mere gift to take effect in the future, that is upon the death of the plaintiff, it was invalid, and should be entirely set aside. We grant a new trial, however, because we think that if the mortgage was really given upon the consideration that plaintiff had appropriated to himself moneys left by the mother of defendant Giuseppina, and which she intended to go to her daughter, so as to make those moneys good to the daughter, such consideration was sufficient to sustain the bond and mortgage as valid, and because we do not perceive that the learned trial justice passed directly upon those matters. [MAJORITY] Jenks, P. J., Mills, Rich, Blaekmar and Kelly, JJ., concurred.