Wiener v. Peacock
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. The penalty or forfeiture sued for abated by the death of Hr. Rose. An action for the recovery of the statutory penalty under sections 3311 and 3312, Revised Statutes, is a penal action. 2 Jones on Mortgages [2 Ed.] sec. 990; Stone v. Lannon, 6 Wis. 497. An action for a penalty or forfeiture created by statute does not survive.
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Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. The penalty or forfeiture sued for abated by the death of Hr. Rose. An action for the recovery of the statutory penalty under sections 3311 and 3312, Revised Statutes, is a penal action. 2 Jones on Mortgages [2 Ed.] sec. 990; Stone v. Lannon, 6 Wis. 497. An action for a penalty or forfeiture created by statute does not survive. Bank v. Collins, 5 Hun, 209 ; StaJces v. StioTcney, 96 N. Y. 323 ; McBratney v. Railroad, 17 Hun, 389 ; Little v. Conant, 2 Pick. 527 ; O' Donnell v. Seybert, 13 Serg. & R. 54; People v. Tioga C. P.,…
1Opinion of the CourtRombauer, P. J.
Our statute provides that if any mortgagee, trustee, or cestui que trust, his executor, administrator, or assignee, receive full satisfaction of any mortgage or deed of trust, and do not within thirty days after request and tender of cost acknowledge satisfaction on the margin of the record, or deliver to the person making satisfaction a sufficient deed of release, he shall forfeit to the party aggrieved ten per cent, on the amount of mortgage or deed of trust money, absolutely, and any other damages he may be able to prove he has sustained, to be recovered in any court of competent…
2Cases cited7 opinions
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Stanley v. Bircher'sSupreme Court of Missouri · 1883
- Town of Carrollton v. RhombergSupreme Court of Missouri · 1883
- Baker's Adm'r v. CrandallSupreme Court of Missouri · 1883
- Edwards v. BrownSupreme Court of Missouri · 1878
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3Cited by4 opinions
- Sather Banking Co. v. Arthur R. Briggs Co.California Supreme Court · 1903
- Campbell v. SeeleyMissouri Court of Appeals · 1889
- Campbell v. SeeleyMissouri Court of Appeals · 1890
- Wood v. EthridgeMissouri Court of Appeals · 1895