Marks v. Taylor
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Son. Ogden Siles, Judge. Action to reform a mortgage and a sheriff’s deed upon the sale of mortgaged premises. From a judgment for plaintiff, defendants appealed. The power conferred upon an agent is based upon tbe special confidence or trust which the principal has in the. agent’s personal ability or integrity, and such power can not be redelegated by the agent so as to bind the principal. 1 Am. and Eng.
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Appeal from the Third District Court, Salt Lake County.— Son. Ogden Siles, Judge. Action to reform a mortgage and a sheriff’s deed upon the sale of mortgaged premises. From a judgment for plaintiff, defendants appealed. The power conferred upon an agent is based upon tbe special confidence or trust which the principal has in the. agent’s personal ability or integrity, and such power can not be redelegated by the agent so as to bind the principal. 1 Am. and Eng. Ency., p. 272 and numerous cases there cited; Shankland v. Washington, 5 Pet. 390; McCarty v. Eremont, 23 Cal. 197. Knowledge of all…
1Opinion of the CourtBaskin, J.
This is an action to reform a mortgage and the sheriff’s deed made to tbe purchaser, upon the sale of the mortgaged premises.
It appears that a short time previous to August 24, 1894, Taylor Brothers, who were in the loan and insurance business, and were brothers of Thomas E. Taylor, one of the defendants, applied to one Ernest M. Eowler, who was engaged in the business of procuring loans, to procure a loan for the said Thomas E. Taylor, on the security of certain real estate in Salt Lake City; that the said Eowler then applied to the plaintiff, from whom he had previously procured loans, to…
2Cases cited6 opinions
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Quivey v. BakerCalifornia Supreme Court · 1869
- Lowry v. HarrisSupreme Court of Minnesota · 1867
- Donald v. BealsCalifornia Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Alfalfa Lumber Co. v. MudgettCourt of Appeals of Texas · 1917
- Egelund v. FayterUtah Supreme Court · 1918
- Nordfors v. Knight Et Ux.Utah Supreme Court · 1936
- Marks v. TaylorUtah Supreme Court · 1901
- Rogers v. Edward L. Burton & Co.Court of Appeals for the Tenth Circuit · 1943
6 more not listed; retrieve them via the Exa API.