Henningsen v. Title & Trust Co.

The following are the facts revealed by the evidence. The defendant insures titles to real property. In the year 1920, and until his death in November, 1930, one H. E. Mooney was engaged in business in Portland as a financial agent. In the course of his activities he made mortgage loans and sold mortgages. In 1920, F. W. Henningsen, who instituted this action in a representative capacity as trustee, was living in the state of New Jersey and at the same time his son, E. A. Henningsen, was living in China.

December 22, 1920, the plaintiff wrote to Mooney: ‘ ‘ Can you obtain a good loan for…