Reformed Presbyterian Church v. Livingston
Supreme Court of Pennsylvania
Appeal, No. 203, Oct. T., 1904, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1902, No. 501, on verdict for plaintiff in case of trustees of the Synod of tlie Reformed Presbyterian Church of North America v. F. P. Livingston. Scire facias sur mortgage. The opinion of the Supreme Court states the case. Verdict for plaintiff for $5,140, subject to question of law reserved. The court subsequently entered judgment on the verdict.
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Appeal, No. 203, Oct. T., 1904, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1902, No. 501, on verdict for plaintiff in case of trustees of the Synod of tlie Reformed Presbyterian Church of North America v. F. P. Livingston. Scire facias sur mortgage. The opinion of the Supreme Court states the case. Verdict for plaintiff for $5,140, subject to question of law reserved. The court subsequently entered judgment on the verdict. Error assigned was in entering judgment on tlie verdict.
1Opinion of the Court
Per Curiam,
There were acts of uegligence, or what is legally the same thing, acts of misplaced confidence, by both the parties to this suit. Hunter was the agent of plaintiffs to see that the “ proposed mortgage was a first lien upon the property offered,” and in accepting his false certificate that it was so the plaintiffs were legally negligent. But upon this certificate they gave him their check payable not to him but to the mortgagor, appellant. Hunter was agent in some respects for both parties, and in the receipt of this check he was undoubtedly acting for appellant, and when appellant…
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