Wood v. Ethridge
Missouri Court of Appeals
Appeal from the Clark Circuit Court. — Hon. Benjamin E. Turner, Judge. The mortgage in question was given by two partners to the third on partnership property then owned, or which might come into said partnership, and the statute under which this suit was brought has no application to such mortgage for the following reasons: One partner can not sue another at law respecting a matter ■arising out of an unsettled partnership.
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Appeal from the Clark Circuit Court. — Hon. Benjamin E. Turner, Judge. The mortgage in question was given by two partners to the third on partnership property then owned, or which might come into said partnership, and the statute under which this suit was brought has no application to such mortgage for the following reasons: One partner can not sue another at law respecting a matter ■arising out of an unsettled partnership. Leabo v. Benshaiu, 61 Mo. 292; Mulhall v. Cheatham, 1 Mo. App. 476; Scott v. Carutte, 50 Mo. 120; Boss v. Carson, 32 Mo. App. 151; Baldwin v. Walser, 41 Mo. App. 253; Bond…
1Opinion of the CourtBiggs, J.
Our statute provides that, if any mortgagee who has received satisfaction of the mortgage debt shall fail, within thirty days after request and tender of costs, to acknowledge satisfaction of the mortgage on the margin of the record, or deliver to the person making the satisfaction a sufficient deed of release, "he shall forfeit to the party aggrieved ten per cent, upon the amount of the 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 jurisdiction. R. S., secs» .7094, 7095.
On the fifteenth…
2Cases cited5 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Thomas v. ReynoldsSupreme Court of Kansas · 1883
- Ross v. CarsonMissouri Court of Appeals · 1888
- Wiener v. PeacockMissouri Court of Appeals · 1888
- Tarbel v. BradleyNew York Supreme Court · 1878