Reid v. Kellogg

Citations

• 8 S.D. 596
• 67 N.W. 687
• 1896 S.D. LEXIS 88

Syllabus

<p>1. Where on the issue as to the ostensible authority of an agent to receive payment of a mortgag'e for his principal, arising from the negligence of the principal in holding the agent out as having such authority, the facts, though not disputed, are such that reasonable minds might draw different conclusions therefrom, the issue is properly left to the jury.</p> <p>2. Comp. Laws, Sec. 4497, providing that a person paying a negotiable instrument may require as a condition precedent that the same be surrendered, does not prevent a payment to an agent, made without demanding the instrument, who has, through the negligence of the principal, been given ostensible authority to receive payment, from being binding on the principal.</p>