The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-02-08
ONE TIMEIS PLENTY
COURT OF APPEALS RENDERS AN
IMPORTANT DECISION.

It Declares That If Man Pays His Indebt'
edness to an Agent, Believing Said
Agent to be Authorized, and the Com
pany Having Sent Coupons to Payet
Upon Receipt of Money Said Agent Sent
That the Agency is Thus Established
and the Company is LtabIe-Hundred:
Of oyd's Victims Rest Easier.
"A decision has just been handed down
by the Kansas court of appeals, SOU
tbern division, which was submitted
at the January term which will not
only be read with interest but with re-
toicing by many residents Of Wichita,
6edgwick county and adjoining coun-
ties.
1t will be remembered that in the
spring of 1890, George NJ. Boyd, acting
agent of the Jarvis. Conklin Mort
gage company, failed to show up at
his office one morning and his disap-
pearance was as much Of mystery as
was the Edgar 7. Brown disappearance
excepting that investigation showed
that Boyd had drawn large amount
vfous TO his departure, while in Browns
case no preparation for the departure
had apparently been made.
BOYD was a man Of large business
capacity and his office was thronged
from the time of opening until its
close with persons who had business
with the firm. 1t was calculated that
as high as $4,000 a day was paid TO
him In interest and nj paying off loans
and all had found him perfectly
straight and reliable.
1t soon became evident that he had
not only gone, but that he had taken
sufficient funds with him 70 keep the
wolf away from the door of even a man
of his extravagant habits. His prop
erty was seized by his creditors and
his business wound up by others.
Jesse w. Bales, a farmer living near
Andover.an whose farm adjoined the
east line Of SedgWick county, had call
ed at Mr.. Boyd's Office and paid the
amount of money due the mortgage
company against his farm, but had
failed 20 take a receipt therefor from
said Boyd, Notwithstanding the fact
that he had all the former coupons
which had been received from the mort
gage company as a result Of the money
paid to said Boyd, as agent Of the
mortgag, company. While this was
true Bales had given in payment for
the amount Of the mortgage a ceTti-
fed check which was endorsed by
George M. Boyd as agent.
Boyd, n appears, failed 10 turn the
glpney over to the company, and as
ne had failed to receipt for the same
as agent Of the mortgage company,
suit was brought by said company
against Samuel Sacket, the person who
gave the original notes and mortgage
and also agaisRt James Bale sand his
wife. The mortgage was held by the
Mutual Benefit Life Insurance COM
pany, and they had received no money
VIVA tever.
The suit was brought IN the district
court Of Butler county and resulted in
a verdict for the defendant. The suit
was prosecuted by Beardsley & Greg
Dry anG-Flannelly Of Kansas City,while
the defense was represented by Judge
T. B. Wall of this city during the for
mer trial, and in the supreme court by
Wall &; Brooks.
The plaintiff appealed the case to the
supreme court, but it was transferred
TO the appellate court and argued as
stated.
On Thursday the decision was re-
ceaved by the clerk of the appellate
court affirming the decision of the low
er court which VIII cause a good many
persons in Southern Kansas, who had
paid money TO George M. Boyd, and
we re afterwards sued by the persons
holding the mortgages who had receiv- |
ed no pay to draw a breath of relief |
and the cloud on their titles will now |
be cleared.
The issue decided can better be I'M |
{, grstood by the following agreed state |
N ent OF facts
II IS conceded that the notes sued on |
n this action in the court below, were |
hull paid before the action was COM
men, ced; that the payment was made
oy T. he defendant in error, Jesse w. |
Bales, who after the execution Of the |
notes and mortgage given 10 secure
their D. ayment, purchased the land up
on white h the mortgage was given and !
assumed the payment of the mortgage |