Burck v. Hubbard

This action was to foreclose a deed of trust. Defense was payment to the note' holder’s agent. The case was tried to the court, who found for defendant in error Hubbard. Burck, plaintiff in error, plaintiff below, holder of the note secured by the deed of trust, seeks reversal on a writ of error.

Parties agree that the judgment must stand or fall, depending on whether the evidence contains sufficient facts from which an agency may properly be implied.

The note involved is in words and figures as follows: “$2500. Denver, Colorado, September 21, 1918. Three (3) years after date, for value…