Pioneer Mortgage Co. v. Randall

Citations

• 113 Kan. 62
• 213 P. 668
• 1923 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Foreclosure op Mortgage — Payment to Alleged Agent — Burden of Proof of Agency. In an action to foreclose a mortgage, the moidgagors resisted payment on the ground that it was paid before maturity to an agent-of the mortgagee. Held, it was incumbent upon them to prove such agency and payment, and where there was a failure so to do, it was error for the court to refuse to foreclose the, mortgage.</p> <p>2. Same — «Toj Whom Payments on Mortgage Were to Be Paid — Refusal to Make Special Finding. Where the plaintiff alleged, and the testimony showed, that semiannually, and a short time before the maturity of each of the interest coupons attached to the note, it mailed to the defendants a printed notice which contained the statement, “No one is authorized to collect for us. Make all remittances direct to the Pioneer Mortgage Company, Topeka, Kansas,” held, it was error for the court, on proper request, to refuse to make a finding showing such action by plaintiffs</p> <p>3. Same — Possession of Note and Mortgage — Evidence. The lack of possession of a note and mortgage is sufficient to put the debtor on inquiry as to the authority of the alleged agent to receive payment.</p> <p>4. Same — Disposition of Funds in Hands of Corporation — Presumption. Where no disposition is shown of funds once in the hands of a corporation it is presumed to still retain them.</p>