Ohlandt v. Craven

(dissenting) : This is an action for the foreclosure of a mortgage given by the defendant to one John PI. Kohnke, of whose will the plaintiffs are executors. The defendant pleads payment in full of the bond secured by the mortgage, and relies upon payments made by her to one A. A. Kroeg, an attorney of Charleston, which in fact never reached the mortgagee John PI. Kohnke. The vital question in the case is whether Kroeg was authorized, as an agent of Kohnke, to accept and receipt for the payments made by Mrs. Craven to him, on account of the principal. It appears that Kroeg embezzled the…