McMaster's Commercial Decisions Affecting the Banker and Merchant; From the Decisions of the Highest Courts of the Several States Volume 5

McMaster's Commercial Decisions Affecting the Banker and Merchant; From the Decisions of the Highest Courts of the Several States Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...the payment should have been made in money to James H. Tallman, and a course of dealing shown between Tallman, or his firm. with the plaintiff, that would cause a prudent man to believe that Tallman had been authorized to make the collection for the plaintiff. This case seems to stand on all fours, so far as the facts are concerned, with the case of Richards v. Waller, 49 Neb. 639, 68 N. VV. 1053, in which it is said: " /'here payment of a negotiable note secured by mortgage was made to an investment company. and such payment was never forwarded to the party to whom such note had been transferred, held, that the mere fact that ante.cedent pavments of interest, made in like manner. had been made to be forwarded to the transferee of such note, and had been so forwarded. did not bind the holder of the note as to the final payment not forwarded; it being shown by the evidence that such holder had never in any way held out or recognized the investment company as her agent." It follows from the above course of reasoning that the judgment of the District Court is not founded on suflicient evidence to show the agency of the Nebraska & Kansas Farm Loan Company in taking a new loan from the defendants in pay-ment of the plaintifT's claim, but, as there has been no hearing in the court below on the answer and cross petition of defendant Slocum, it is recommended that the judgment of the District Court be reversed, with directions to the lower court to enter a judgment in favor of the plaintiff on her note and mortgage as prayed for in iher petition. POUND and SEDGWICK, CC., concur. PER CURIAM. F-or the reasons stated in the foregoing opinion, the judgment of the District Court is reversed, with directions to the lower court to...show more

Product details

  • Paperback | 382 pages
  • 189 x 246 x 20mm | 680g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236977416
  • 9781236977410