American National Insurance Company of Galveston, Texas and W. E. Greer v. Leo E. Murray

RIVES, Circuit Judge:

The dispositive issue common to the appellants-plaintiffs and to the appelleesdefendants is whether a payment of $68,-659.94 to Richard C. Rogers and Company (hereafter Rogers), agent for American National Insurance Company of Galveston, Texas (hereafter American), was binding upon American notwithstanding its lack of knowledge of the prepayment and the fact that Rogers embezzled the money. Upon a letter opinion answering that issue in the affirmative, the district court held that American’s promissory note and the deed of trust and assignment of rents securing the note…