Opinion
Gen. No. 43,091. (Abstract of Decision.)
Opinion filed December 19, 1944. Released for publication January 4, 1945.
MORTGAGES, § 172 — unauthorized payment, effect of. In suit to foreclose trust deed where it appeared that defendant mortgagor, before the maturity of the mortgage paid $3,000 of a $3,500 balance due on the mortgage to an agent of the mortgagee, who had no notice of the payment which was never indorsed on the principal note, held mortgagee was not bound by the payment to the agent where he had neither actual nor implied authority to receive it and mortgagor had notice and knowledge of agent's limited authority.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.
Decree reversed and cause remanded with directions. Heard in the second division, first district, this court at the June term, 1944.
Eugene A. Weinberg and Samuel Koenigsberg, for appellant;
Julius H. Selinger, for appellees;
Not to be published in full. Opinion filed December 19, 1944; released for publication January 4, 1945.