Samuel Freeman Miller

“ This is a suit to foreclose a mortgage for $6,000, given to secure a loan of money. It is conceded that, at the time the mortgage was executed and delivered, only $4,000 of the loan were received by defendant; it being stipulated that the remaining $2,000 were to be advanced when defendant should finish a building on the lot conveyed by the mortgage, and cause it to be insured for the benefit of plaintiff. ”

“ The decree of the district court is therefore reversed, with costs, and the case remanded to the circuit court for the district of Minnesota, with directions to enter a decree in conformity with this opinion. ”

“ The clerk and bookkeeper of Caldwell & Co. testifies that, on the day the draft was drawn, defendant was credited on their books for $2,000 on account of said draft, and that he continued to draw it out by checks, until they amounted to over $800 at the day of their failure.
The pass book of plaintiff with Caldwell & Co. is produced by himself, and shows a credit of $2,000 dated August 30th; but as this was some time after their failure, and after they had had this pass book in their hands, it is evidently a mistake as to date. ”