138 Iowa 39 | Iowa | 1908
The defendant John M. Johnson was, during the season of 1903, a tenant of the interveners. In October of that year he sold grain grown on the leased premises to a buyer by the name of Kepler, and the proceeds from such sale were deposited in the defendant bank to the credit of said John M. Johnson. About the 1st of November of the same year he gave the plaintiff his check for the amount of such deposit, $230.50, but, upon presentation of the check, payment thereof was refused by the bank. About this time, and. before the expiration of his lease, John H. Johnson left the farm in question still owing the interveners a part of the rent which he had agreed to pay for the season of 1903. After the check had been given to the plaintiff by Johnson, Johnson also delivered to him a deposit slip which he had received .when he left the money with the defendant bank. This deposit slip bore an indorsement in substance directing the bank to pay the amount thereof to the plaintiff. About the time of the presentation of the check to the bank for payment, but whether before or after does not certainly appear, the grain buyer, Kepler, having learned that Johnson had left the State, and being somewhat anxious as to the liability of his company for buying grain upon which the' interveners had a landlord’s lien, drew a check in favor of the interveners for the amount of the deposit in question, and signed Johnson’s name thereto, together with his own, and without any shadow of authority from Johnson. Johnson made no defense to the plaintiff’s claim, but testified as a witness for
The judgment should be, and it is, affirmed.