Shay v. Schrink

Opinion by

Me. Justice Steen*

The record in this case indicates no substantial dispute of facts; the governing principles of law are clear and there is no difficulty in their application.

Plaintiff was the owner of a mortgage executed by defendant Jennie Schrink and assigned to plaintiff by the original mortgagee in 1928. From then until and including January 14, 1933, the semi-annual interest payments thereon were made by the mortgagor by checks which were delivered to plaintiff’s husband, Arthur L. Shay, and receipted for by him, but made out to her order and, in every instance, endorsed by…