Hoiden v. Kohout

JUDG-E SCHWAETZ

delivered the opinion of the court.

This is an appeal from a decree foreclosing a trust deed securing a note for $5000 made by Joseph and Mary Kohout (defendants-appellants, herein called defendants). Their defense is that all interest and principal had been paid to John O. Sykora as the authorized agent of plaintiff to receive payment, although the notes were not surrendered to them. They filed a counterclaim seeking to have the notes can-celled. The issue in this cause is the scope of the agent’s authority.

John O. Sykora was named trustee, and both principal and interest were…