Schomaker v. Petersen

JOHNSON, J., pro tem.

This is an action based on a promissory note executed to the plaintiff by the defendants J. B. Petersen and S. Matthesen, together with their respective wives, and at all times after its delivery kept by plaintiff in her own exclusive possession.

The question presented on this appeal by plaintiff concerns itself with the authority of a real estate agent, who had negotiated the transaction giving rise to the note, to bind the payee by receipt of a payment procured on such agent’s own solicitation, and misappropriated by him.

The plaintiff, Mrs. Schomaker, acting through E.…