Fischer v. Hale

Citations

• 63 Pa. Super. 204
• 1916 Pa. Super. LEXIS 137

Syllabus

<p>Mortgage — Payment—Principal and■ agent — Evidence.</p> <p>Where a person desiring to gecure a loan applies to an attorney and the latter secures the money through the agency of another attorney acting for a client, who becomes the mortgagee, and the first attorney prepares the bond and mortgage and is paid for his services by the borrower, the latter, if he pays interest and part of the principal to such attorney, cannot escape liability to the mortgagee, if the money is not paid over to the latter; and especially is this the ease if the mortgage and bond are in the possession of the mortgagee at the time of such payments, and the mortgagor makes no inquiry concerning them.</p> <p>Practice, O. P. — Discharging rule to open judgment — Duty of lower court to file opinion.</p> <p>On discharging a rule to open a- judgment entered upon a mortgage bond, it is the duty of the lower court to file an opinion stating the reasons for its action.</p>