Defendant applied to a real estate agent for a mortgage loan; three unsatisfied mortgages were to be paid with the proceeds of the loan; plaintiff agreed with the agent to make the loan, and gave the agent a check for the amount, taking a mortgage on the property, the agent assuring him that he would search the title and see that plaintiff had a first mortgage, but not informing him of the outstanding incumbrances; on execution of the mortgage defendant instructed the agent to pay off the three outstanding mortgages with a part of the money in his possession; the agent paid off one of the three mortgages only and appropriated the rest of the money. Held, that the payment of the amount of the loan to the agent was a payment to him as agent of the defendant. Henker v. Schwicker, 73 N. Y. S. 656, 67 App. Div. 196, 174 N. Y. 298. See also Sec. 269.