Whaley v. American Freehold Land-Mortg. Co. of London
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the District of South Carolina. This was a suit in equity by the American Freehold Land-Mortgage Company of London, Limited, and others against J. J. Whaley and P. W. Farrell, to foreclose a mortgage. There was a decree for complainants in the circuit court (63 Fed. 743), and the defendants appealed.
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Appeal from the Circuit Court of the United States for the District of South Carolina. This was a suit in equity by the American Freehold Land-Mortgage Company of London, Limited, and others against J. J. Whaley and P. W. Farrell, to foreclose a mortgage. There was a decree for complainants in the circuit court (63 Fed. 743), and the defendants appealed. On the 25th October, 1883, W. H. Duncan, residing in Barnwell county, S. C., put iñ his county newspaper an advertisement of “money to lend in sums from $300 to $500,000, on five years’ time.” W. H. Duncan, now dead, who made this…
1Opinion of the CourtHughes, District Judge
(after stating the facts as above). The foregoing statement embraces the material facts on which the decision of this case must turn. The appellant, who was the defendant below, contends that, although the Corbin Banking Company and the Duncans were indeed his own agents in negotiating for him the loan which was ultimately granted by the American Freehold Land-Mortgage Company of London, yet, that these agents of his were also the agents of the mortgage company, in what is called the “placing” of this loan, and that the mortgage company was in such relations to the negotiation as to make the…
2Cases cited7 opinions
- Grant v. Phœnix Life InsuranceSupreme Court of the United States · 1887
- Call v. PalmerSupreme Court of the United States · 1885
- Bates v. American Mortgage Co.Supreme Court of South Carolina · 1893
- New England Mortgage Security Co. v. GayU.S. Circuit Court for the Southern District of Georgia · 1888
- Brown v. BrownSupreme Court of South Carolina · 1893
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3Cited by5 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Brown v. JohnsonUtah Supreme Court · 1913
- Union Mortgage Banking & Trust Co. v. HagoodU.S. Circuit Court for the District of South Carolina · 1899
- Searl v. EarllDistrict of Columbia Court of Appeals · 1948
- Best v. British & American Mortg. Co.U.S. Circuit Court for the District of Eastern North Carolina · 1897