Complainant purchased through a real estate agent property subject to a mortgage; subsequently respondent took an assignment of the mortgage which he failed to record; thereafter complainant made payments on the mortgage to the agent, without asking to see the mortgage or mortgage note, he assuming that the agent was the agent of the holder of the mortgage; the agent was not, in fact, employed by respondent, and did not account to him for the payments made by complainant on the mortgage, except by paying interest, in doing which he represented that he was acting for complainant. Held, that there was no evidence of the real estate agent's capacity as agent for respondent, so as to charge respondent with the receipt of the unaccounted for payments made by complainant. Ward v. Trustees, 27 R. I. 262, 61 A. 651; Ortmeier v. Ivory, 208 I11. 577, 70 N. E. 665; Henken v. Schwicker, 73 N. Y. S. 656, 67 App. Div. 196, 174 N. Y. 298.