20 ~ FEDERAL .nn1>onru12.
agent. Such application was in fact made to Bolles. On the twenty-
ninth of August. 1881, L. P. Hammond &; Co., bankers, residing at
Guthrie Center, Iowa, wrote to Bolles at Hartford on behalf of one Lean-
der Kennedy, stating that the latter had made certain payments to
Creighton on his note and mortgage held by Bolles, buthad not received
the coupons, and then the letter continues: '
"‘Mr. K. refuses to have any further dealing with said Creighton, and will
in the future send all money direct to you from this office. Mr. K. says his
next coupon falls due October 1, 1881, at which time he would like to pay $800
or $1,000 on prin. Will you receive it, and give proper credit, and stop int.
on same? Creighton sends out circulars stating that he will take installments
on mtgs. you hold, but we don’t care tosend money to him. Several men have
sent him money in this way, and only get his individual rect. therefor. Let
us know if you will receive the $800 or $1,000 on mtge. or even the whole
amt. of mtg. Ans. Do you know anything about the circulars?"
On the twenty-first of September, Bolles answered this letter as fol-
. lows:
V ' ‘°HARTFORD, Conn., September 21, 1881.
"I have been absent for last 2 mds. I fmd your letter of August 29th. As
to L. Kennedy loan, etc. 1 refer you to Mr. Creighton. The coupons I have
, l`BC’d pay for. I do not want to give up the good loans I have. When it is
done, I require for unexpired time difference of interest. Now, it is 7 per
et. May coupon was paid to me. I notify Creighton. "
On the same day Bolles writes to Creighton a lengthy letter about a
number of the loans, and then states as follows: ~ ‘
I "L. P. Hammond letter of August 29th I find here. Asks as to L. P. Ken-
nedy $1,500 loan. Says he has paid you the two last coupon notes in due
· time for interest, but has not rec’d them, and that Kennedy refuses further
dealing with you, and wants to pay to Hammond the October payt. of coupon.
‘ Also he would like t0_ pay $800 or $1,000, or all on the principal, and stop int.
etc. · Creighton sends out circulars stating that he will take installments on
— mortgage, but we don’t care to send money to him, money in this way, and
only get receipt.’ So he writes, and I notify him by card to apply to you for
answer, and say coupons are paid and given up. Next, is your banker Jas.
F. Joy. August 26th, he wants, as to J no. W". Crippens, $900 to pay oif his
loan if I will take it, provided he will pay diiferencein interest between what
y it is, and what   can get for unexpired time. I card him, and refer to you. "
Thus it appears when parties, being doubtful as to Creighton’s action
and authority in the premises, call Bolles’ attention to the issuance of
the circulars in regard to receiving payment by installments, he takes
no exception thereto, and in addressing Creighton he does not signify
any disapproval of such action. Furthermore, when asked the specific
question whether he will receive payment in advance of the maturity of
the principal, he refers the parties to Creighton; thus showing that this
matter was conflded to Creighton’s judgment and decision. No other
conclusion can be fairly drawn from the evidence than that Creighton
had ·authority from Bolles to receive payment in advance of maturity
and by installments, and hence payments thus made to him must be
held to have beensmade by authority of Bolles, and when made they
` discharged so much of the debt due Bolles.