Goodyear v. Williams

Citations

• 73 Kan. 192
• 85 P. 300

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Payment to Alleged Agent — Proof of Authority. In a foreclosure suit, under a plea of payment through an agent, where it appears that the note and coupons were payable at a certain bank, and that the defendant paid the same ■ to a third person in no way connected with the bank and before the principal note became due, and that the alleged agent, at the times of payment, did not have possession of either the coupons or the note, it is error to admit as evidence of the controverted agency any of the following: (1) Statements of the alleged agent made at the time of the execution of the papers, without the knowledge of the mortgagee, that the interest coupons might be paid to him; (2) letters written by the plaintiff to the alleged agent which relate only to specific claims against other persons and of which the defendant had no knowledge at or before the time of the payment; (3) entries in a loan register, not a book of accounts, kept by the alleged agent, of which neither the plaintiff nor defendant had any knowledge at or prior to the time of payment.</p> <p>2. -• Payment to a Third Party — Presumption as to Agency. Where a debtor delivers money to a third person for the purpose of paying a promissory note which is not due, and such person does not have the note in his possession, the presumption is that the person receiving the money does so not as ,the agent of the creditor but as agent for the debtor. This presumption can only be overcome and the converse established by evidence to the contrary.</p>