Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1898-07-29
VERMONT INVESTORS
Not Encouraged ny Decision Ia one
Of the Kelley Gases.

OF the htlltN Eases
TIE supreme court Of Minnesota has .
handed down another decision involving .
loan made by Vermont parties through .
the k-.ieys and subsequently collected by .
them without the knowledge OF the mort .
gage. The opinion was written hy jus /
tice Canty. Below We give the syllabus as
published together with the reasons for
the finding upon some of the questions
raised iu argument which 90 Vermont
lawyers vii. not seem well grounded.
General Convention Of Congregational
Ministers and Churches Of Vermont, a
corporation. appellant, IS Ole IoIke.sou
et aI., respondents, Charles ". Hanson, 81
al, defendants
FRS CA the evidence. held. certain
firm OF loan agents had, as ,he agent, Of
the mortgage. actual authority. partly eN
pressed AND partly implied 90 receive for
him the amount due Oh mortgage then
pas. due, although they did not q. tAe'ime
have the note or mortgage OF a release o.
the mortgage.
Secord-They also represented another
prncpa. for whom they had money Co..
loan. which they had deposited ia tAeI
/ own name 90 their credit iu the bank, and
al said time. they agreed 20 loan A., money
20 The mortsag0r and pay the oil loan our
OF the proceed, OF the new one. iu carry
ING ou' the transaction. they charged
/ this prnc.pa Ol their books with tAe
amount OF The new loan and credited the
/ Aol3ero of the Ola lDau with the amouu, due
/ on Ls mortgage.
/ Held. under the circumstance stated ID
/ ,Ae opinion. his constituted payment ni
/ .te Oh loan. although tla none. was new
/ e., transmitted so sal. mortgage.
Thd-He3. Oh the evidence, The tia.
court was warranted .u finding tAa. tie
agents had authority o. make proper eu-
! tries iu their books rs ~ The .JAu.u- tIaus.
actions OF said mortgage. and the entries
so made are competent evidence aEa.ns.
! him and his ces,u qu trust, Order al
drmel.
Upon the question Of The eftyc, Of Tie
retention hy the mortgage Of the mortgage.
note aud coupons, and the suppos.tiou OF
the mort eagee tina, when he sent out the
or.eiua, note and mortgage and a release,
| and not until then, he authorized the
| kelleys 20 collect the loan, the cour; says
1T is true that in nearly every instance
! but this, where the principal note was
| paid. they received the note and mortgage
and satisfaction Of the mortgage from
| Fairbanks. TO be delivered up al The time
Of payment: and IN nearly every instance
ID "hiCA IA,eIes, was colec'ed' tue! Re-
celVeu rom Il III me coupon 10 De ue4.' e ere
up q, 'ue tlule VI pay uleh'' bu. HO'"'.n-
standing ms lAe!e IL ID ou' op.h'oA' e''-
ueNce ID 'He cAsS WING" lAkeL III Coi .-e,
uoh WIN Inc iac's heFe4hoeio'g Fee'-e1,
80 ~ Ia - ...
90 collect, bu. because Fdirtank, knew that
a. -. d. d. -.' .-' .J'' o"''a w.
pay "-'"o"i '''"- sac PAP - az '-'N
~ -, ~, ,- anu w. ia. .''' -
'D"'- d, 80 80 --' D.. i.
M 49, '''- pa
~" ''t '"' '' ."- ~ t-0
'H.i'eS b" ."' h'",s 'oohs "P"" 'H. -'-'-'2
W. .'.' ''c, '---r'' ,'-e N"'i sag
y pt'''"I-. i"' ,-'' o'-.eu"s ma y! ,i-'
:. '''s''' W" "'', 'ee'.e" u. ""'N- ga, ~
's w ',t maui d u 'I'sis- %. ..,-'. W.
.Htt "o"hs from 'e'" 40 "''' ~. .''.'' ''4'!
-"' '.o' lec'' We any money az -'l "d"". :
"-'!'-' AM p."''l.'" -'~ HOG pay mem -
s-'- a-'-'s ma i' monty "l'"A-'! pas
2" an" '- S""t'C- "e menu ma '"'s iI-tI e
.'I q "oOA A'e l'"s p"I- Ne'eHU"L1
N4'i gage.
he evidence Will warrant q uudlLe
That defendant knew that tile helieys mad
a practice OF deposiunS her funds IL tLe.i
own name IN their accouu, ID the bank,
because The correspondence shows thai
they had often paid her with checks drawn
on such al account IN their bank
IL our opinion the transaction amounted
20 payment OF the money 90 the mort
gage.
Blu, il j. urged tina. the books Of a
third party. q stranger 90 the action. are