Blyth & Fargo Co. v. Houtz
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Hon. G. W. Morse, Judge. Action on a promissory note. Erom a judgment in favor of the plaintiff company, the defendants appealed. The mortgagor was an agent of the mortgagee in this transaction. This agency was one which vested an authority coupled with an interest. The proceeds of the sale were to be paid to the mortgagee, that is, the sale was made for the benefit of the mortgagee.
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Appeal from the Third District Court, Salt Lake County.— Hon. G. W. Morse, Judge. Action on a promissory note. Erom a judgment in favor of the plaintiff company, the defendants appealed. The mortgagor was an agent of the mortgagee in this transaction. This agency was one which vested an authority coupled with an interest. The proceeds of the sale were to be paid to the mortgagee, that is, the sale was made for the benefit of the mortgagee. Innumerable authorities can be found to substantiate the position of the appellants. That position, briefly stated, is as follows: Wherever a mortgagor…
1Opinion of the Court
MINER, O. J.
In December, 1897, II. C. Shurtliff, Sr., and H. 0. Shurtliff, Jr., being indebted to the Blyth & Fargo Company in the sum of $10,000, gave the latter a chattel mortgage upon their sheep-shearing _ plant, situated near Hilliard, Wyoming, and other property, to secure its payment. The mortgage contained the following clause: “Permission is hereby given to said parties of the first part to use, handle, operate, manage, and control the above-described property, and to market, sell and dispose of portions thereof as may be necessary in the course of business, or to preserve and care…
2Cases cited9 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Conkling v. . ShelleyNew York Court of Appeals · 1863
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Moore v. NormanSupreme Court of Minnesota · 1890
- Mann v. FlowerSupreme Court of Minnesota · 1879
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3Cited by2 opinions
- Branch v. SALT LAKE CO SERV. A. NO. 2-COTTONWOOD HTS.Utah Supreme Court · 1969
- Branch v. Salt Lake County Service Area No. 2-Cottonwood HeightsUtah Supreme Court · 1969