Northwest Farmers Credit Ass'n v. Horswill

I am satisfied the reason and result reached by Commissioner M-ISER are correct. In any case where the drawer of a draft is seeking to collect or receive a sum of money to which he is unconditionally entitled, the drawee is necessarily the agent of the drawer to receive the money. That was the situation in Marland Refining Co. v. Penn Soo Oil Co., 54 S. D. 10, 222 N. W. 594. But,'where the drawer is not entitled to the money unconditionally, or at all, the circumstances and intent of the parties must control. In the instant case appellant was making a loan to strangers through the office of…