Brecht v. McParland

Citations

• 187 Pa. 620
• 41 A. 378
• 1898 Pa. LEXIS 848

Syllabus

<p>Mortgage — Principal and agent — Evidence.</p> <p>On a scire facias sur mortgage, it appeared that the defendant applied to S. — an attorney at law, for a loan. The plaintiff was a client of S., and at S.’s request agreed to furnish the money. Plaintiff and defendant were never brought personally together, but it was agreed by plaintiff that S. should pay over the money to defendant, and receive the money back from the defendant and account to plaintiff for it. S. gave defendant, not only plaintiff’s money, but other money of his own. The mortgage in suit had been given to one who furnished no money, but merely for convenience in raising money for defendant, and that attempt to raise money having failed, the mortgage, at S.’s request, was assigned to his clerk, as security for the advances. Defendant repaid the money advanced by plaintiff, but it was all embezzled by S.’s clerk without the knowledge of S. After die full amount of the plaintiff’s loan had been paid by defendant to S.’s clerk, S., without knowledge of the payment, assigned the mortgage to the plaintiff as security for what he supposed was still due him. Held, that as S. was the agent of the plaintiff to receive the money from defendant, and as he had received it, plaintiff could not recover on the mortgage.</p>