Whipple v. Fowler
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Tibbets, J. The facts are stated in the opinion. Executors of Swartz v. Leist, 13 O. St., 419; Torrey v. Deavitt, 53 Yt., 331; Fox v. Wray, 56 Ind., 423; Reeves v. Hayes, 95 Ind., 532; Thomas, Mortgages [2d ed.], sec. 421; Jones, Mortgages [4th ed.], secs. 472, 791, 820, 878, 967; Ahern,v. Freeman, 24 Am. St. Rep. [Minn.], 206; Blight v. Schenck, 51 Am.
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Error from the district court of Lancaster county. Tried below before Tibbets, J. The facts are stated in the opinion. Executors of Swartz v. Leist, 13 O. St., 419; Torrey v. Deavitt, 53 Yt., 331; Fox v. Wray, 56 Ind., 423; Reeves v. Hayes, 95 Ind., 532; Thomas, Mortgages [2d ed.], sec. 421; Jones, Mortgages [4th ed.], secs. 472, 791, 820, 878, 967; Ahern,v. Freeman, 24 Am. St. Rep. [Minn.], 206; Blight v. Schenck, 51 Am. Dec. [Pa.], 478. The defendant is liable for damages caused by executing the release and permitting it to be filed. (1 Jones, Mortgages [4th ed.], sec. 814; Thomas,…
1Opinion of the CourtNorval, C. J.
This was an action to recover damages for the wrongful releasing of record of a certain real estate mortgage by Lucy D. Fowler, the mortgagee, after she had transferred to the plaintiff, Orin P. Whipple, two of the promissory notes secured by said mortgage, and before said notes had been paid. Upon a trial to the court there was judgment for the defendant, to reverse which the plaintiff prosecutes error to this court.
The undisputed facts, as disclosed by the record, may be summarized thus: M. C. and A. A. Hazard on the 16th day of October, 1888, executed and delivered to the defend*679ant their…
2Cases cited28 opinions
- State v. SaundersOregon Supreme Court · 1886
- Ogle v. TurpinIllinois Supreme Court · 1881
- Reeves v. HayesIndiana Supreme Court · 1884
- Bank of the State v. AndersonSupreme Court of Iowa · 1863
- Vannice v. BergenSupreme Court of Iowa · 1864
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3Cited by30 opinions
- Marling v. NommensenWisconsin Supreme Court · 1906
- Peterborough Savings Bank v. PierceNebraska Supreme Court · 1898
- Cram v. CotrellNebraska Supreme Court · 1896
- Mathews v. JonesNebraska Supreme Court · 1896
- Scroggin v. JohnstonNebraska Supreme Court · 1895
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