Legal Opinion

Unfried v. Libert

Idaho Supreme Court

Decided April 10, 1913PublishedCited by 9 opinions

APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to recover for the wrongful taking of personal property, consisting of sheep and wool. Judgment for plaintiffs. “A mortgagee in possession of mortgaged property is entitled to be credited with all reasonable and actual expenses in caring for it.”

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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to recover for the wrongful taking of personal property, consisting of sheep and wool. Judgment for plaintiffs. “A mortgagee in possession of mortgaged property is entitled to be credited with all reasonable and actual expenses in caring for it.” (7 Cyc. 91, 92.) ‘ ‘ If the respondents' are entitled to anything, they can recover in an accounting action the net proceeds only.” (Inland Trading Go. v. Edgecombe, 57 Wash. 257, 106 Pac. 768.) “It is well settled that the amount…

1Opinion of the CourtSullivan, J.

— This is an appeal by .the defendant, who is appellant here, from a judgment based on the verdict of a jury which awarded to the respondents damages in the sum •of $5,513, alleged to have been sustained by reason of a certain sheep transaction. This case was once before this court (see 20 Ida. 708, 119 Pac. 885), and on petition for rehearing (20 Ida. 730) this court held that no punitive or exemplary damages could be recovered, and also that there could be no recovery for the wool clip in question for 1906; and remanded the case for a new trial as to the actual damages, if any, sustained by…

2Cases cited2 opinions

  1. Unfried v. LibertIdaho Supreme Court · 1911
  2. Libert v. UnfriedWashington Supreme Court · 1907

3Cited by9 opinions

  1. Suitts v. First Security Bank of Idaho, N.A.Idaho Supreme Court · 1985
  2. Airstream, Inc. v. CIT Financial Services, Inc.Idaho Supreme Court · 1988
  3. Barker v. Fischbach & Moore, Inc.Idaho Supreme Court · 1986
  4. Averill Machinery Co. v. Vollmer-Clearwater Co.Idaho Supreme Court · 1917
  5. Black v. DarrahIdaho Supreme Court · 1951

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