Reilly v. Cullen
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. W. B. Douglas, Judge. STATEMENT. In February, 1897, plaintiff was the owner of improved property — lot 40, block 1860 — in the city of St. Louis, upon which he had given a mortgage to the St. Louis Trust Company to secure a note of six thousand dollars made to said .company. He had defaulted in the payment of interest due on the note on aeccount of which default the trust company was about to foreclose the mortgage.
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Appeal from St. Louis City Circuit Court.— Hon. W. B. Douglas, Judge. STATEMENT. In February, 1897, plaintiff was the owner of improved property — lot 40, block 1860 — in the city of St. Louis, upon which he had given a mortgage to the St. Louis Trust Company to secure a note of six thousand dollars made to said .company. He had defaulted in the payment of interest due on the note on aeccount of which default the trust company was about to foreclose the mortgage. He applied to defendant, to whom he was indebted, to pay the trust company the overdue interest and prevent a foreclosure sale of…
1Opinion of the CourtBland, P. J.
1. The contract of defeasance vested in defendant or plaintiff the power to sell the property at any time within sixty days at private sale subject to the approval of Lane and Hayden. After the expiration of the sixty days, defendant’s power to make a private sale of the property terminated. The sale, therefore, made by him was without authority and we can not see upon what principle of law or equity he is entitled to charge the plaintiff, or the proceeds of plaintiff’s property, with his expense and outlay in bringing about the wrongful sale, and we think that he should not have credit for…
2Cases cited2 opinions
- Lawrence v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Wilson v. DrumriteSupreme Court of Missouri · 1857
3Cited by6 opinions
- Peterson v. Kansas City Life InsuranceSupreme Court of Missouri · 1936
- John Hancock Mut. Life Ins. Co. v. HowardCourt of Appeals of Texas · 1935
- Black v. BurdCourt of Appeals of Texas · 1953
- Phillips v. JacksonSupreme Court of Missouri · 1912
- Jackson v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
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