Cogswell v. Cannady

The opinion of the Court was delivered by

Mr. Justice Brease.

The plaintiff brought action against the defendant, Cannady, for foreclosure of a mortgage of real estate, security for payment of a bond for money. He alleged that no part of the principal debt had been paid. The administrators of one Kroeg were also-made parties defendant.

The defendant, Cannady, in his answer, claimed that he had paid the sum of $1,400 on the principal of the debt, payment of which had been made to Kroeg, who had authority to collect same as plaintiff’s agent.

The cause was referred to the Master, who found in favor…