National Mortgage & Debenture Co. v. Lash
Court of Appeals of Kansas
Error from Reno District Court. Hon. L. Houk, Judge. This action was brought by the defendants in error against the plaintiff in error, in the District Court of Heno County, to recover money for which the plaintiffs claimed they had made and delivered their note and mortgage on real property in the city of Hutchinson.
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Error from Reno District Court. Hon. L. Houk, Judge. This action was brought by the defendants in error against the plaintiff in error, in the District Court of Heno County, to recover money for which the plaintiffs claimed they had made and delivered their note and mortgage on real property in the city of Hutchinson. The plaintiffs below, in writing, appointed the Kansas Mortgage Company, of Topeka, their agent to procure the loan, and after all the loan papers were executed, delivered them to that company. V. P. Caffry represented the mortgage company as its agent at Hutchinson and attended…
1Opinion of the CourtJohnson, P. J.
The evidence throughout shows that the transaction by which this loan was procured was by and through the Kansas Mortgage Company of Topeka, Kan. ; that the negotiations were made by it with the defendant below, and the papers to perfect the loan were prepared by it; that, when the papers were executed at Hutchinson and sent to the mortgage company at Topeka, the “blue order” was with them, and that on the delivery of the note, mortgage, application for the loan, abstract of title and the “ blue order,” the money for the loan was then paid over to the mortgage company and the papers delivered…
2Cited by2 opinions
- Colwell v. Grandin Investment Co.Montana Supreme Court · 1922
- National Mortgage & Debenture Co. v. LashSupreme Court of Kansas · 1899