The true northerner., 1896-07-08
Mr.. Crane wins.

case was one growing out of the mort
gage forgeries of the late Geo. K. Breck,
Mrs. Van Deusen holding the genuine
note and mortgage, while on the rec
ords it was discharged by Breck. The
circuit court held that MIR. Breck was
the agent of Mrs. Van Deusen and that
payment TO him was valid. The SUI
preme court has reversed the decision.
MIR. f. A. Crane OF Kalamazoo, in a
statement 10 the NoRTHERNER con-
cerning his connection with the case,
SAYS: This is one of the strongest
cases that know OF growing out OF the
Breck matters, yet you Will notice the
supreme court holds that Crane ~
Breck were in no sense the agents of
Mrs. Van Densen, the mortgagee. In
the face of this opinion from the su-
preme court, it would seem as though
people ought to he satisfied. consider
that it completely eXonerates me and
amounts to holding that the people
who carelessly deposited their money
with MIR. Brcck without taking up their
mortgages or seeing it indorsed, will
have TO be the losers" The opinion,
written by Judge Hooker, the other
Justices concurring, was as in substance
as follows:
Crane and Breck, lawyers and CO.
partners, respectively resided at Kal-
amazoo and Paw Paw. They engaged
somewhat in the business of negotiat-
ing loans Early in 1899, Bushnell aud
Ingraham applied TO Breck for loan OF
one thousand five hundred dollars.
Breck informed Crane, and he spoke to
DR.. Van Deusen, the complainant's hus-
band, who gave him encouragement that
his wife would take the loan. Crane
thereupon wrote to Breck, as follows:
IF | understand you correctly, those
parties west of Berlamont are to come
in next week to make their papers. |
think we will be safe in making them to
Mrs. Van Deusen, as | think they will
have the money by the time it will be
necessary. | shall want the insurance
aud everything in good shape when
present them"
Breck caused the parties to execute the
mortgage to the complainant, aud had
it recorded. 1t was acknowledged Jan
uary l1th, and was delivered through
Crane The mortgage secured two
notes, one of 81 800 running to the com.
plainant, and the other for S75 running
to Crane d Breck, as their commission
for negotiating the loan.
The interest of Crane x Breck was
never assigned to the complainant. DR..
Van Deusen, who acted as agent of his
wife, knew that the mortgage secured
the note for SIS. Dr. Van Deusen had
the custody of the mortgage and the
81, 500 note and Crane seem to .have
held the S75 note.
1t appears that the Van Deus ems had
previously loaned money upon appli-
cation made through Crane & Breck.
DR.. Van Deusen knew that they were
partners, and had an office contiguous
to Cranes office, and kept papers in
Cranes safe. Among them was this
mortgage. Crane had access TO the
compartment in which they were kept.
Interest was paid to Breck, who for
warded il to Crane, who turned COM
plainant's share over TO Dr.. Van
Deusen, Crane indorsing the same upon
the notes.
A time before the mortgage matured,
Ingraham and Bushnell approached
Breck about a new loan, at lower rate
of interest. Breck appears to have
written to Crane about it, who said
$50 far as Ingraham- Bushnell mort
gage is concerned, it is useless TO talk
about getting money at less than seven
per cent net to the mortgagee. | suppose
they are paying us commission note
in addition TO that can do nothing for
them, as | certainly will not be annoy
ed with attending to these collections
for anything less than we have been
getting
Subsequently, Crane and Breck met
Ingraham, who testified that Crane
said Il don't think the parties will do
it." meaning to decrease the rate of
interest.
Ingraham thereafter arranged with
Virgins for loan from fund which
he held for Mrs. Fuller, and her chill
dren, aud Virgins sent chack to the
First National Bank of Paw Paw. The
business was done with Breck at his Of
fice Breck called at the bank and told
the cashier that he had discharged the
mortgage, and obtained the money.
Breck mailed to Ingraham the S75 note
(Which he obtained from Crane) and
what purported to be the 81 800 note,
and discharged the mortgage by sign
ing an acknowledgment of full pay
ment of the same, in the margin of the
record
He sent S72 to Crane, who paid il to
Van Deusen and endorsed it on com
plaInant's note. Breck converted the
balance, which was not discovered
until after his death, in 1894.
In our opinion, the testimony fails to
show that Crane 4 Breck were agents
of complainant. They obtained the
loan for Ingraham and Bushnell, who
paid them for it, by note for S75.
Interest was paid Van Deusen through
them, but it does not appear that Van
Deusen paid for or requested it, and
Cranes letter indicates that he under
stood that the mortgagors paid for the
service by the S75 note when he refus-
ed to do it for less.
The decree of the circuit court is re-
versed and the complainant will take
decree as prayed in the bill, with costs
of both courts.
Grant j. did not sit; the other justices
concurred.
What the Shakers of Mount Lebanon
know more about than anybody else, is