Flanagan v. Jennings

Opinion by

Mr. Justice Sci-iaefer,

Appellants petitioned the court below to decree satisfaction of a mortgage held by appellee on a property belonging to them. The court awarded an issue, for trial by a jury, and pursued the commendable practice of submitting to the jury questions for specific findings. The disputed point was whether Wolfe, appellee’s agent to receive payment of interest, was authorized to also receive payment of principal. It is not denied that he did receive from appellants the balance of principal due on the mortgage, and did not pay it over to appellee. It is established…