Trubel v. Sandberg
North Dakota Supreme Court
Appeal from the District Court of Grand Forks, Cooley, J. An agency of express authority to receive payment of security may be shown by other proof than the possession of the securities, and when such authority is shown, the payment is binding on the holder, although the security paid was not in the custody of the agent. Campbell v. Gowans, 35 Utah, 268, 23 L.R.A.(N.S.) 414, 100 Pac. 397, 19 Ann. Cas. 660, and cases.
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Appeal from the District Court of Grand Forks, Cooley, J. An agency of express authority to receive payment of security may be shown by other proof than the possession of the securities, and when such authority is shown, the payment is binding on the holder, although the security paid was not in the custody of the agent. Campbell v. Gowans, 35 Utah, 268, 23 L.R.A.(N.S.) 414, 100 Pac. 397, 19 Ann. Cas. 660, and cases. Mrs. Trubel’s reliance upon Faber was complete, and he had charge of the entire transaction, as shown by the entire evidence. General Convention of Cong. Ministers & Churches v.…
1Opinion of the CourtBujrice, J.
The defendant Sandberg was the owner of a farm upon which there was a mortgage of $1,400, given by a prior owner of the *382farm to the American Mortgage & Investment Company of St. Paul, Minnesota, wbó, in turn, bad sold it to the plaintiff, Mrs. Trubel. The Investment Company, however, continued to collect the interest from defendant and remit the same. When the principal sum became due, the Investment Company notified defendant that he should pay the same to them, and he, personally, went to their office in St. Paul and paid the full amount due upon the mortgage. The Investment Company…
2Cases cited4 opinions
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- Corey v. HunterNorth Dakota Supreme Court · 1900
- Stolzman v. WymanNorth Dakota Supreme Court · 1898
3Cited by7 opinions
- Martinson v. KershnerNorth Dakota Supreme Court · 1915
- Page v. SmithNorth Dakota Supreme Court · 1916
- Fitch v. EngelhardtNorth Dakota Supreme Court · 1916
- Swarthout v. MeyersNorth Dakota Supreme Court · 1927
- Bernard v. MadsenNorth Dakota Supreme Court · 1925
2 more not listed; retrieve them via the Exa API.