Meyer v. Hehner

Citations

• 96 Ill. 400
• 1880 Ill. LEXIS 48

Syllabus

<p>1. Agency—right of agent to receive money for principal. A person having money due to him in this State gave a power of attorney to A, conferring upon him full and complete power to collect and receive any and allmoneys, with power of appointing one or more attorneys under him in behalf of the principal, which appointment was duly made in writing by A, of B, a brother-in-law of the principal. The latter, after this, wrote a letter to his debtor, stating that he had withdrawn his letter of attorney to A, and requested the debtor, instead of making payment, to get an interest-bearing certificate of deposit, which he would take in payment. B afterwards notified the debtor not to deposit the money in bank, but to pay it to him, stating that the principal had so ordered, and the sum of §4500 was thereupon paid to B, which was indorsed on the debtor’s note, then in B’s hands: Held, the payment was properly made to B as the duly authorized agent of the creditor.</p> <p>2. In such ease the mere request of the creditor, in his letter to his debtor, to deposit, the money in bank and take a certificate of deposit, did not amount to a revocation of B’s authority to receive the money, especially when it was stated in the letter that B then held his letter of attorney. The debtor was placed under no legal obligation to procure such certificate of deposit instead of paying the money to the agent.</p>