Gen. No. 9,518. (Abstract of Decision.)
Opinion filed May 15, 1940
MORTGAGES, § 195 — payment to agent, evidence. Where plaintiff's property was subject to two mortgages, the senior mortgage to defendant college, these mortgages were rather pressing so the treasurer and business agent of defendant offered to refinance both mortgages, which he did by getting a third mortgagee to give him sufficient money to pay off both notes and take a first mortgage, plaintiff being given a release of the junior mortgage but not of defendant's mortgage, the evidence showed that such agent received money from third mortgagee as an agent of defendant, so that in equity defendant's mortgage was canceled, and plaintiff was entitled to a release of such mortgage, even though the agent may not have turned the money over to defendant.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Peoria county; Hon. JOSEPH E. DAILY, presiding.
Affirmed. Heard in this court at February term, 1940.
Miller, Elliott Westervelt, for appellant;
John D. Thomason, of counsel;
Richard H. Radley, for appellee.
"Not to be published in full." Opinion filed May 15, 1940.