Guarracino v. Lagana

Judgment reversed upon the la.w and the facts and a new trial granted, costs to abide the event. The evidence did not establish express authority in Scotto to accept on behalf of the plaintiff the payments which it was stipulated were made. The evidence did not establish that such payments as were made “ at various times ” by the respondents to Scotto, were made under circumstances that bound the plaintiff, because the evidence does not disclose that the payments which were made “ at various times ” were made after the principal upon the mortgage, as extended, became due. The burden to…