Blackwood v. Brown

In the court below • Brown brought suit to recover moneys which were in Blackwood’s hands under a written agreement that they were to be paid over to Brown when he should cause the discharge of two certain mortgages. One of the mortgages was discharged of record before the suit was brought; the other, Brown was allowed to show, was discharged by the giving of a qnit-claim deed after suit brought, although it seems to have been actually paid before. The court charged the jury that if the plaintiff before the commencement of suit had paid the mortgages, or caused them to he paid “ to the…