Salt Lake Tribune | 1909-01-03 | Page 9 | Fine Distinction Drawn by Court

ffflE DISTINCTION mm court I Highest Tribunal in State Re-verses Re-verses Judgment in Intei'-gpi Intei'-gpi " esting Case. MEMORIES OF CONWAY REVIVED BY OPINION I I Suit Is Outgrowth of Defalcation Defalca-tion on Part of Well-, Well-, Known Man. Forter J, Conway's sudden disappear-nucc disappear-nucc from fsult Lake City between two days with several thousnud dollars of other people's moueywis recalled iu the handing dawn by the- supremo court Saturday t an opinion in the case of Peter N. 'ampboll of New York City against Hih S. and Betsy Gowans of Tooele cointy, appellants, and S. B. Milner, triUec. The suit; was to recover .-fcoOO on a loan from Campbell to the Gowans, which Conway negotiated and afterward after-ward collectd and absconded with. In the lower curt il was held that Cou-way Cou-way was anneent for the Gowans and .-judgment ioiCampbell was entered. The supremo coufc holds that Conwa' was not an apenifor Mr. and Mrs. Gowans, but, on tho ontraiy, was an ageut for Campbell, ail reverses tho.iudgment against Mr. .nd Mrs. Gowans and remands re-mands .tliji-'cuse with instructions to vj)L-jite this jdument and outer .iudg-Y .iudg-Y mcnt in favoiol' the defendants. Hi-.ory of Case. The facts W'o: Mr. and Mrs. Gowans wont xo Conwy to borrow monc' and : Conway wrote j Campbell in New York ' City, sayiug tit in his opinion the pro-ijiofcd pro-ijiofcd loan wa-a good one. Campbell u replied that ifS. B. Milner, his local yMlf representative. npproved the loan he Mil woiU1 advance he money. Miiner ap- jjHt proved the lo? and Campbell for-warded for-warded a Nc-vfork draft to Mil nor jflR for $500. Milnej.umed tho money over jNjjL to Conway, wh delivered it to bor-jB bor-jB rowers and rccci'd their note and trust Hi deed on properdin Tooele county as Ik surety, which hcdelivered to Milner. jflfc who sent thoiu Campbell. Conway jfllF also subseciupntly ollectcd tho interest I- and turned it ov' to Milner, who in Wm turn delivered it Campbell, tho Iat-StjC Iat-StjC ' ter always sending he interest coupons ?fj . ns they fell due t Milner, who turned ffrni over to Couiy for collection. jK Principaollcctcd. jM On .July 12. ISi Conway collected. '. 1 tho principal fromlr. and Mrs. Gow-(gNjl Gow-(gNjl ', ans, representing tchem when tliey do-9m do-9m i manded the returu,f their note and JMl ' trust deed, that Cai:bell had them, but tUt , had gone south onccount of illness. '91 Short lv afterward nway disappeared 'jH without turning t money over to cither Milner or CxpbcJl. ; Campbell invokedhe rulo that the ifl I pavment of the priipI and interest -M in "part or full to anlegcd or assumed - fl ' agi'ut who has not pieesion of the se-19 se-19 , purities at tho time ohe payment, nor ', w ' express or special aiorily to receive pavment, is not binig on tho ercdi-! ercdi-! tor. The supreme cot holds that tho fl L principle that when o of two innocent 9 persons must suffer the acts of a NJ third person he whoas enabled tho m third person to occas tho loss must fl sustain it should ho alipd. ' M ; i Tin' rosuli of I helimjsti nation made in this case will probably have the result re-sult of establishing a rulo for such actions ac-tions hereafter in Utah.