Holmes v. Hull

The defendants are wife and husband. The defendant husband borrowed of plaintiff, through his agent, J. A. Cline, the sum of $2,500, which loan was evidenced by promissory notes signed by both husband and wife, and the payment thereof was secured by a real estate mort*657gage given by them upon tlie separate property of the wife. Plaintiff’s agent had. full knowledge of the ownership of the mortgaged property at the time the loan was negotiated, and the money was paid over to the husband. No portion of the $2,500 ever came into the hands of the wife, nor was any part thereof used or expended in…