
    THE HOPE FIRE INSURANCE COMPANY, v. STEPHEN CAMBRELLING and others.
    
      Attorney—when knowledge of, is not knowledge of client.
    
    Cambrelliug being attorney for Mrs Sherwood and Mrs. Babcock, in 1868 executed a mortgage to the latter, but did not record it. In 1869, he executed a mortgage on the same property to Mrs. Sherwood, and this mortgage was recorded. Hdd, that the party whose mortgage was recorded was entitled to the surplus money.
    The rule that knowledge by a solicitor is knowledge by the client, where the solicitor is himself the. borrower, has never been adopted in this State.
    Appeal from order of Special Term.
    
      Henry Wieoll, for Emily Sherwood, appellant.
    
      O. A. Hand, for H. C. Babcock, respondent.
   Opinion by Barnard, P. J.

Present—Barnard, P. J., Tappen and Talcott, JJ.

Order reversed, with costs.  