Lawler v. Jennings
Utah Supreme Court
Appeal from tbe District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action by plaintiff against defendant Jennings, to foreclose a mortgage. Defendants answered and counterclaimed on an overpayment made by mistake of defendant Isaac Jennings and his assignors. From a judgment in favor of plaintiff defendants appeal. That defendants’ counterclaim is proper.
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Appeal from tbe District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action by plaintiff against defendant Jennings, to foreclose a mortgage. Defendants answered and counterclaimed on an overpayment made by mistake of defendant Isaac Jennings and his assignors. From a judgment in favor of plaintiff defendants appeal. That defendants’ counterclaim is proper. See Pomeroy Remedies and Remedial Rights, section 792 and note 1. A mere right to assail a settlement of the assignor for fraud or mistake, of which he made no complaint, is not an assignable chose in action. Cross v. Sacramento…
1Opinion of the Court
Minek, J.:
In 1892, the Gfrizzley Mining Company, a corporation, purchased from the plaintiff certain mining claims for the sum of |39,000. A portion of the purchase price was secured to plaintiff by notes of the company endorsed by the stockholders of which defendant Isaac Jennings was one. After such notes were given the company made payments upon the interest and principal from time to time, and when the old notes matured new notes with like endorsers were given, and the old notes were cancelled. On November 24th, 1894, the indebtedness of the company to the plaintiff was taken up and each…
2Cases cited3 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Final v. BackusMichigan Supreme Court · 1869
- Cross v. Sacramento Sav. BankCalifornia Supreme Court · 1885
3Cited by10 opinions
- National Union Fire Insurance v. Denver & R. G. R. Co.Utah Supreme Court · 1913
- Russell/Packard Development, Inc. v. CarsonCourt of Appeals of Utah · 2003
- California Milling Corp. v. WhiteCalifornia Court of Appeal · 1964
- Chesney v. District Court of Salt Lake CountyUtah Supreme Court · 1941
- White v. ThompsonCalifornia Court of Appeal · 1919
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