Park v. Parsons
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. S. A. Merritt, Judge. Action by Boyd Park against Elias H. Parsons and another to recover the value of goods alleged to have been wrongfully seized and converted by defendants. From a judgment for plaintiff, defendants appeal.
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Appeal from the District Court of the Third Judicial District. Hon. S. A. Merritt, Judge. Action by Boyd Park against Elias H. Parsons and another to recover the value of goods alleged to have been wrongfully seized and converted by defendants. From a judgment for plaintiff, defendants appeal. An indemnity mortgage cannot be foreclosed until the mortgagee has been compelled to pay money or is dam-nified. 7 Ind. 213, 652; 5 Ind. 152; 10 Mich. 124; 21 Conn. 127; Wiltsie on Mtg. Fore. pp. 28, 50; 7 B. Mon. 336. If the condition of the mortgage is against loss or damage, there is no breach until…
1Opinion of the Court
SMITH, J.:
On the 16th day of September, 1891, the plaintiff, being surety on the note of one J. F. Allen for the sum of over $9,000, took a chattel mortgage from Allen on a stock of drugs owned by Allen, situate in Salt Lake City. The mortgage was delivered on September 19, 1891; and on the same day Park, the mortgagee, took exclusive possession of the mortgaged personal property. On October 5, 1891, the plaintiff, with the consent of the mortgagor, *332Allen, caused his mortgage to be foreclosed, and had the mortgaged property sold by the sheriff of Salt Lake county. At the sale the plaintiff…
2Cases cited7 opinions
- Town of New-Milford v. Town of ShermanSupreme Court of Connecticut · 1851
- Whittemore v. FisherIllinois Supreme Court · 1890
- Harris v. LynnSupreme Court of Kansas · 1881
- McConnell v. ScottIllinois Supreme Court · 1873
- Drayton v. ChandlerMichigan Supreme Court · 1892
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3Cited by3 opinions
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