Pilcher v. Sioux City Safe Deposit & Trust Co.

Citations

• 12 S.D. 52
• 80 N.W. 151
• 1899 S.D. LEXIS 74

Syllabus

<p>1. A corporation, trustee in a mortgage, withlpower on default to take possession ot' the mortgaged properly, and also to foreclose I.bo mortgage on default being made appointed an attorney as its agent, with authority to'foreclose tlio mortgage, and to take whatever action was necessary to protect the interests of the trustee. The attorney sued to foreclose in a federal court, but without asking for a receiver, took possession of the property under the power contained in the mortgage, which he held until ousted by a receiver appointed for the mortgagor by a st i.te court Held, that his authority was broad enough to enable him to bind the trustee for the expenses incurred in taking an appeal in its behalf from the order of the state court appointing the receiver, and which resulted in his regaining possession of the property; such action being necessary or’proper for effecting the purpose of his agency, within Comp. Laws, § 3981.</p> <p>2. ft is not reversible error for a court to refuse to strike out testimony of Statements of a purported agent as to hie agency, admitted without objection, although no independent proof of the agency had previously been made, where such proof was afterwards supplied.</p>