1 Lock. Rev. Cas. 385
Court for the Trial of Impeachments and Correction of Errors
Decided July 1, 1799
Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01
In this case, where the mortgagor had delivered to the mortgagee personally, a sum of money due on the mortgage with an intention to… Held: that such a delivery of the money with an intention to.pay, operates as a payment, without a receipt or an endorsement on the mortgage, or collateral security; and the re-delivery of the money to the mortgagor by the mortgagee, should be construed as a loan on the personal security of the mortgagor, and the lien of the mortgage as to…
Decided 1799-07-01
¶1“ When a debtor advances money to his creditor, which is intended by both parties to be applied on the debt due, it is but another name for payment.”
¶2Decree of Chancellor reversed accordingly.
¶393=* See Banter v. Garmo, 1 Sandford’s Ch. R. 384.
¶4Lansing v. Woodworth, “ 43.
¶5Craig v. Tappen, 2 “ 78,