Cyclopedia of Law volume 5

Cover Cyclopedia of Law volume 5
Cyclopedia of Law volume 5
Charles E Charles Erehart Chadman
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446 ; Hodge v. Combs, 1 Black, 192.
The evidence of ratification and adoption of the acts of the agent by the giving of mortgages is very slight. The evidence is that the title to the property mortgaged was but nominally in the defendant, having been taken in his name without his knowledge, and as is to be inferred by Packard, the real owner, and this mortgage with another was executed at the request, and as was supposed by the defendant, for the beliefit of Pack- ard or his daughter, and upon
...transactions with which the defendant had no connection. The reading of the recital of the consideration by the gentleman who presented the mort- gage to the defendant for execution at the request of Packard, cannot be said to have given him an intelligent appreciation of the fact recited, or the effect it would have upon the legal liability of the defendant, who testified that he did not under- stand or know that the mortgage was given to secure notes of which he was the maker. The evidence is very decided that the notes were not given in the business of the defendant or for his benefit, and he has never received any benefit or derived any advantage from them so far as appears.

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