DUNDEE MORTGAGE at TRUST INVESTMENT oo. v. HUGHES. 39
would be theivalue of the barrels at the time of the sale, and I take it
to be conceded that such value was the purchase price of the barrels,
which was $775.25.
Verdicts for plaintiiis.
Dorman Morvremu & Tnusr INvEsTMEN·2 O0. v. Humans, A » .
(Gtrcuit Oourt, D. Oregon. April 25, 1884,)
Lrsnrurv or Arronnsr on Exlmrmrrozv or- Trims ro Run. Pnorrmrr.
A. applied to a money lender for a loan of $3,000, and offered his note there-
fOI‘, SGC11F6d ily 8, II1OI`tg3g6 011 CBl`bB,ll] I`€3l pI'0p€l`by; B., bl.l8 3bbOI`I1By of {110
money lender, examined the title to the real property and furnished the latter
a certincate to the effect that A. ’s title was good and the property unincum-
bered, and thereupon the loan was made on the terms proposed; subsequently
and before the maturity of the note it was assigned to the plaintiff, who fore-
closed the mortgage and sold the property, when it was found that it was in-
cumbered by a prior mortgage, so that the plaintiff did not realize the amount
of his debt by $4,794.35. Held, that there was no privity of contract between
B. and the plaintiif, and that he was not liable to the latter for the loss.
Action for Damages.
William H. Ejingcr, for plaintiff.
The defendant in propria persona:. .
DEADY, J. This action is brought to recover, among other things,
damages to the amount of $5,312.35, for losses alleged to have been
sustained ontwo loans on note and mortgage, amounting to $3,300,
upon the certificate of the defendant, as an attorney at law, concern-
ing the title of the borrower to the mortgaged premises and the con-
dition of his estate therein. From what I conceive to be the legal
effect of the statement of the hrst cause of action in the complaint as -
amended, it appears that "about" April 28, 1877, the Oregon & Wash-
ington Trust Investment Company was a corporation formed under
the laws of Great Britain, and resident in Dundee, Scotland, and en-
gaged in loaning money in Oregon upon note and mortgage; that
the defendant, who was then a practicing attorney in this state, was
employed by said corporation to examine the title and condition of
the real property offered as security by any one applying to said cor-
poration for a loan; that at this time a loan of $3,000 was made by
said corporation to O. W. Shaw, on his promissory note, payable to its
order on June 1, 1882, with interest, at the rate of 10 per centum per
annum, and secured by a mortgage on certain real property then
owned by said Shaw, upon which the defendant certined there was
no prior lien or incumbrance; that on December 19, 1879, said cor-
poration "amalgamated” with the plaintiff and "assigned" thereto "all
its mortgages," including "al1 claim, right, and interest to or in or