51 Minn. 162 | Minn. | 1892
The only question raised is as to the sufficiency of the facts found, on a trial without a jury, to justify judgment in favor of plaintiff. According to the facts found, defendant, as plaintiff’s agent, collected for him a certain sum of money. Plaintiff residing in Montana, and desiring that the money might draw interest until he should return to Minneapolis, he, through his brother, as his agent, arranged for a certificate of deposit, and defendant made such a certificate, payable to his order in three months from the date, (July 1, 1891,) with interest at the rate of four per cent, per annum. This was left with defendant till August, when defendant, upon plaintiff’s request that it send the certificate to him, mailed it to him by registered letter, but he never received it, nor any of its proceeds, and never indorsed it; but it came — how is not found — into the possession of a bank in Minneapolis, to whom the defendant paid it, and took up the certificate.
The complaint is based on the proposition that defendant is liable
Judgment affirmed.
(Opinion published 53 N. W. Rep. 196.)