Kiekhoefer
Kiekhoefer v. United States National Bank
Opinion
Opinion
Curtis, J.
Plaintiff was the owner of a valuable lot in the city of Pasadena referred to in the record as the Lake Street property. She became acquainted with Arthur Palmer, a real estate agent in said city. The latter induced her to execute to him a general power of attorney. He borrowed $8,000 from the Mortgage Discount Company, giving as security a trust deed upon plaintiff’s said lot, which he executed, together with a promissory note in the sum of $8,000, as attorney in fact of plaintiff, acting under said general power of attorney. This loan was handled through an escrow in the defendant United States National Bank'. There was a prior encumbrance of $2,000 on said lot, which the bank paid, and after deducting escrow and other charges there was a net amount of $5,654.91 due out of the escrow, for which the defendant bank drew its check on its escrow account in favor of the plaintiff in her then name of Emma Martha Storz. She has since married. Her name is now Emma Martha Kiekhoefer. This check was delivered to Palmer, who endorsed the same as follows: “Emma Martha Storz by Arthur Palmer, Attorney in Fact. Arthur Palmer.” The check bearing said endorsement was presented by Palmer to the…