59 Neb. 192 | Neb. | 1899
On and prior to October 15, 1891, also during a portion of the year 1892, A. M. Swartzendruver, then a resident and in business in Columbus, forwarded a number of applications for loans on farm .lands situate in Platte county to the Nebraska Loan & Trust Company at Hastings, inclusive of one which purported to be made by John Liske, and another which was the apparent act of a person named Eobert E. Long. The applications were approved, the bonds and mortgages prepared and sent to Swartzendruver, and by him returned to the company, each in appearance properly executed by the party in whose name, as maker, it was written. Drafts or checks on the First National Bank of Hastings were prepared, each in an amount necessary to meet the requirements in that regard of the loan to which it was to be applied, and payable to the order of the party in whose name the loan in terms ran, and they were forwarded to Swartzendruver. The signatures to the applications were by marks, as were those to the bonds, coupons and mortgages, and each was witnessed by Swartzendruver, and he, as notary public, signed certificates of the acknowledgments to the mortgages. The check, which was payahis ble to Eobert Long, was indorsed “Eobert x Long, witmarie ness A. M. Swartzendruver,” and presented by Swartzendruver to the Farmers & Merchants Bank of Platte Center, and the amount for which it called paid to him. It
In an action by the First National Bank of Hastings against the Farmers & Merchants Bank of Platte Center a recovery was sought on an indorsement of a check of the same trust company, issued and sent to A. M. Swartzendruver and payable to the order of a supposed borrower and mortgagor of farm land, and the facts and circumstances of that transaction were similar — did not differ in any material particular or point from these involved in the present litigation. The signatures of the applicant and borrower in the transaction involved therein were all by mark, the first indorsement in point of time of the check was by mark and witnessed by Swartzendruver. In one matter of loan shown in this cause the letter which accompanied the check, when forwarded to Swartzendruver, contained many more directions in regard to the completion of the loan than did the one sent
Reversed and remanded.