Detwilder v. Heckenlaible

Citations

• 63 Kan. 627
• 66 P. 653
• 1901 Kan. LEXIS 197

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage — Assignment—Notice to Maker. Where an assignment of a mortgage, duly made as required by the law of 1897, relative to the assignment of mortgages, has been recorded as therein required, the payor of the note secured by such mortgage must take notice of such assignment, and any payment made by him on such note to the original payee, or his agent, thereafter, is at the risk of the payor, and this is true whether the note is-negotiable or non-negotiable, and whether the payor has actual-knowledge of such transfer or not.</p> <p>2, -Agency for Payment — Evidence. Where a borrower-makes the agent through.whom a loan is obtained his agent to-pay the principal of such loan and interest thereon for him, evidence which is as reconcilable with the theory that the agent is acting as the agent of the borrower in receiving and forwarding such principal and interest as with the theory that such agent is. acting as the agent of the lender must be held to show agency under such agreement and not to disprove such agreement.</p>