Sergeant v. Aberle

Citations

• 134 Pa. 613
• 19 A. 739
• 1890 Pa. LEXIS 752

Syllabus

<p>(a) An agent to procure a loan upon a mortgage received the money from the mortgagee, but, in violation of his agreement with the mortgagor, retained it in his hands for some months before he applied it to the satisfaction of a prior indebtedness of the latter:</p> <p>1. In such ease, even if the agent were the agent of the mortgagee, and not of the mortgagor, the latter was not entitled to a credit upon the mortgage, on which the new loan was obtained, of interest for the time the money was held in the hands of the agent.*</p>