Hughes v. Dundee Mortgage Co.

Citations

• 140 U.S. 98
• 11 S. Ct. 727
• 35 L. Ed. 354
• 1891 U.S. LEXIS 2439

Syllabus

<p>By the terms of the appointment of a law agent in'this country of a corporation established at Dundee in Scotland, and engaged in lending money upon mortgages of real estate here, he was to “ do all work, and carry through all procedure, and see -to the execution and registration and publication of deeds, requisite and necessary for giving and securing to the company valid, aud effectual first and preferable mortgages over real estate for such loans as the directors at Dundee may from time to time sanction and authorize,” and ivas to “ be responsible to the company for the validity and sufficiency of all mortgages prepared or taken by ”■ him; was not to take or receive in behalf of the company any commission or bonus from borrowers beyond lawful interest on money lent; nor to act as a local director of the company, or be interested in 'any property mortgaged; and his “professional' fees against borrowers, including abstracts, searches, investigating titles, preparation and recording of mortgages,” were not to exceed a scale prescribed. Held, that the duties for which he was to be compensated by fees from borrowers, included giving to the company certificates of 'title; and that his successor, appointed on the same terms, except in being expressly required to grant certificates of title, and in being also made general attorney and counsellor of the company, could not recover anything from the company for making out such certificates. '</p>