Swarthout v. Meyers

The plaintiff commenced this action to foreclose a real estate mortgage and the defendant Meyers defended on the ground that the mortgage debt was paid. It is conceded by the plaintiff that the defendant paid to a corporation known as the McLaughlin Loan Company of Cando, North Dakota, the full amount secured by the mortgage. The trial court found this company was the agent of the plaintiff to receive the payment and ordered judgment for the defendant. The plaintiff appeals and demands a trial de novo.

As stated very concisely by appellant’s counsel in his brief: “The only question involved is…