Mynick v. Bickings
Superior Court of Pennsylvania
Appeal, No. 201, Oct. T., 1905, by defendant, from judgment of C. P. Montgomery Co., March T., 1904, No. 20, on verdict for plaintiff in case of Josephine Myniek v. Richard W. Bickings. Scire facias sur mortgage.
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Appeal, No. 201, Oct. T., 1905, by defendant, from judgment of C. P. Montgomery Co., March T., 1904, No. 20, on verdict for plaintiff in case of Josephine Myniek v. Richard W. Bickings. Scire facias sur mortgage. Before Weand, J. At the trial the court charged as follows : The mere fact that an attorney is employed to invest money on mortgage does not invest him with the right to receive the principal of that mortgage, unless he has some authority from the mortgagee to do so, either express or implied. Now, when this .man, Mr. Bickings, went to Mr. Jones to pay off part of this mortgage, it…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant applied to Silas Jones, an attorney, for a loan of #1,000 which Jones promised to procure for him and for whose services with reference thereto the appellant agreed to pay him #20.00. The money was obtained from the plaintiff and the appellant executed a bond and mortgage to her for the amount borrowed. Interest was paid to Jones from time to time and by him paid to the plaintiff and on October 31, 1898, #500 was paid to Jones on the principal. On October 16,1902, the appellant paid #100 to a clerk in Jones’ office tobe applied on the principal. This…
2Cases cited6 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Brooke v. New York, Lake Erie, & Western R. R.Supreme Court of Pennsylvania · 1885
- Himes v. HerrSuperior Court of Pennsylvania · 1896
- Culver v. Pocono Spring Water Ice Co.Supreme Court of Pennsylvania · 1903
- Dougherty v. HunterSupreme Court of Pennsylvania · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Mielcuszny Et Ux. v. Rosol (Et Ux.)Supreme Court of Pennsylvania · 1934
- Williams v. CookSupreme Court of Pennsylvania · 1927
- Browne v. HoekstraSupreme Court of Pennsylvania · 1924
- Colonial Trust Co. v. DavisSupreme Court of Pennsylvania · 1922
- Ulen v. KnecttleWyoming Supreme Court · 1936
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