Walmer v. Redinger

The opinion of the court was delivered by

Mason, J.;

This case turns upon whether payments of interest and part of the principal of a negotiable note secured by a real-estate mortgage, made to a mortgagee after the execution and recording of an assignment, took place under such circumstances as to bind the assignee upon the theory that the mortgagee was his agent or that he had taken part in a course of dealing such as to preclude him from denying the agency.

On September 1, 1916, James A. Redinger executed to J. L. Pettyjohn & Co., of Olathe, a real-estate mortgage for $5,000, due in five…