Bates v. American Mortgage Co.

Citations

• 37 S.C. 88
• 16 S.E. 883
• 1893 S.C. LEXIS 1

Syllabus

<p>1. Findings of Fact—Agbncy.—Where a corporation A makes a loan of money through a corporation B, which solicits loans and makes all necessary inquiries, examination of titles, and drafts of papers, through a designated person at the home of the borrower, such person taking a written application in which he is declared to be the agent of the borrower, this court sustained the finding of the Circuit Judge, that this person was the agent of B, and B the agent of A.</p> <p>2. Findings of Fact by the Circuit Judge as to the credibility of a witness, whose testimony had been taken by commission, sustained.</p> <p>3. Sub-Agents—Makkied Women..—-The mortgagor being a married woman, and her husband having informed the local agent that the money about to be borrowed on the security of her separate estate was to be used by him for his own purposes, and was afterwards so used, this knowledge by a sub-agent of the lending corporation, acquired in the course of the very business, is imputable to the principal. And, therefore, the mortgage so given by the married woman is null and void.</p>