Crane v. . Gruenewald
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the first. judicial' department, entered upon an order made May 13, 1887, which affirmed a judgment • in favor of plaint! ff entered upon a decision of the court on trial at Special Term.. Mary S. Crane, through an attorney named Baker, loaned to the defendant $8,000 on bond and mortgage.
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Appeal from judgment of the General Term of the Supreme Oourt in the first. judicial' department, entered upon an order made May 13, 1887, which affirmed a judgment • in favor of plaint! ff entered upon a decision of the court on trial at Special Term.. Mary S. Crane, through an attorney named Baker, loaned to the defendant $8,000 on bond and mortgage. The papers bear date December 2, 1875, and were made payable with annual interest on December 2, 1880. These securities were left in the custody of Baker, who had authority to receive the interest, but was never authorized to collect any part…
1Opinion of the CourtParker, J.
A mortgagor who makes a payment to one, other than the mortgagee, does so at his peril. If the payment be denied, upon him rests the burden of proving that it was paid to one clothed with authority to receive it. There is, however, one exception to this general rule. - If payment be made to one having apparent authority to receive the money, it will be treated as if actual authority had been given for its receipt. (Paley on Agency [3d ed.], 275 ; Story on Agency, § 98; Williams v. Walker, 2 Sandf. Ch. 325 ; Smith v. Kidd, 68 N. Y. 130 ; Brewster v. Carnes, 103 id. 556-564.)
So, if a mortgagee…
2Cases cited1 opinion
- Smith v. . KiddNew York Court of Appeals · 1877
3Cited by28 opinions
- Farr v. NewmanNew York Court of Appeals · 1964
- Wynn v. GrantSupreme Court of North Carolina · 1914
- Campbell v. GowansUtah Supreme Court · 1909
- Wynn v. . GrantSupreme Court of North Carolina · 1914
- Wangner v. . GrimmNew York Court of Appeals · 1902
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