10 Wis. 411 | Wis. | 1860
We think the judgment in this case must be affirmed. It is very clear from the evidence that Preus acted as the agent of Larson, and not of the plaintiff, or of Hasbrouck & Gurnee. His knowledge, therefore, was no notice to them.
We think it very clear, also, that the plaintiff’s mortgage was entitled to priority. Hasbrouck & Gurnee were agents both of the plaintiff and of Wm. C. Hasbrouck. As agents of the plaintiff they had his money to loan; as agents of Wm. C. Hasbrouck they had the prior mortgage for collection. Instead, therefore, of handing the plaintiff’s money over to Larson, on the loan for which this mortgage was given, and then taking it back from Larson in payment of the mortgage of Wm. C. Hasbrouck, they had him execute this mortgage and deliver it, and they put on record, at the same time, a satisfaction of the mortgage of Wm. C. Has-brouck. They then held the money for Hasbrouck. And even though they received notice of Gjemanson’s mortgage before it was remitted to him, this does not bring it within the rule of notice before payment of the purchase money. The purchase money was paid to Larson by the satisfaction of Hasbrouck’s mortgage. That could not be recalled ; and the transaction was substantially the same as though the money had been paid to Larson on the loan, and then paid back by him to the agents of Wm. C. Hasbrouck, to. take up his mortgage. It was Hasbrouck’s money, and the entire consideration as between the plaintiff and Larson had been
As to the judgment drawing interest at twelve per cent., and the question whether the plaintiff gave notice of his election to have the whole sum become due ; we think the appellant has not shown any right to raise any question as to them. We held at the present term, in the case of Boyd vs. Sumner and the Bank of Milwaukee et al., supra, 41,
The judgment is affirmed with costs.