92 Neb. 839 | Neb. | 1913
In the main, the issues and the evidence in this case are substantially the same as in Walker v. Hale, ante, p. 829. The judgment of the court below was the same in this case as in that, and a similar judgment must be entered in this court. We deem it only necessary to call attention to one additional defense pleaded in this case which was not pleaded in that.
The note and mortgage in this case were executed and delivered to plaintiff by William I. and Mary E. Fine. The petition alleges that after executing the mortgage the
In his brief counsel for plaintiff insists that “the defendants, who claim to have acted for and on behalf of their father (Frank T. Rudd) in this transaction, were guilty of carelessness in not looking after their own interests and insisting upon the surrender of the note and a procuring of a release of the mortgage, matters which they had the right to demand of the person whom they entrusted with their money.” The agency of J. O. Walker is shown, by the overwhelming evidence in the case, to have been a general agency for plaintiff, with full power and authority to act for plaintiff in the collection, not only of interest, but of the principal of plaintiff’s loans in Nebraska. The payment by Rudd to J. O. Walker was, therefore, a payment to plaintiff, and, if plaintiff suffered any damage by reason of not being apprised of the fact of such payment, it was the result of the faithlessness of his own agent. The fact that the party to whom money due another is paid is not in possession
For the foregoing reasons and the reasons given in Walker v. Hale, supra, the judgment of the district court is
Affirmed.