223 N.W. 779 | Minn. | 1929
This is another case (see Johnson v. Howe,
The finding of actual authority in Lane to make the collection for defendant depends upon the evidence of a long course of dealing between them. Lane had negotiated many loans for defendant and on occasion had collected the principal of such loans and reinvested the money instead of paying it to defendant. Lane always collected the interest, apparently without much regard to the existence of express authority arising from his possession of coupon notes or anything in the way of written power to collect. He simply made the collections, and as long as proper accounting was made defendant made no question on the ground of authority. There had been enough of this sort of thing so that, without going into detail, we find ourselves unable to disturb the decision on the controlling question of fact. The evidence is reasonably open to the inference that in his dealing with Lane defendant was interested in income and was satisfied as long as Lane kept his money invested and earning interest. It is contradicted, but nevertheless there is evidence that Lane attended to all of the details in negotiating loans, approved the security and made the collections, either of principal or interest, as they were tendered.
As the learned trial judge put it, both parties "were unsophisticated farmers. They assumed that Lane was honest and trusted him. I am persuaded that it was just as far from defendant's thought as from plaintiff's that he (Lane) needed to have in his hands the loan papers or a satisfaction in order to authorize him to collect the principal when due." There is so much in support of the *498
conclusion that defendant intended Lane to collect the principal of his loans for him that the case on its facts is within the rule of Springfield Sav. Bank v. Kjaer,
Order affirmed.