People's Bldg., Loan & Sav. Ass'n. v. Pickrell
| Decision Date | 27 April 1900 |
| Citation | 56 S.W. 500 |
| Parties | PEOPLE'S BUILDING, LOAN & SAVINGS ASS'N v. PICKRELL et al. [1] |
| Court | Kentucky Court of Appeals |
"Not to be officially reported."
On rehearing. Reversed.
DU RELLE, J.
The appellant having instituted suit in the Montgomery circuit court to enforce a mortgage to secure an indebtedness of $3,094.28, appellee Pickrell filed an answer pleading usury as to part of the sum sued for, setting up certain credits claimed, and also pleading a counterclaim, in which it was averred that he delivered to appellant an unrecorded deed for the property on which the lien was asserted, which had been executed to him by his vendors, which appellant negligently and carelessly lost and failed to return to him, by reason of which he was put to great expense, and compelled to bring suit to obtain a new deed, and was also prevented from selling the property until it had greatly depreciated in value. The court, after reducing the appellant's claim to $1,340.75, adjudged to appellee $100 as damages occasioned by the loss of the original deed, which necessitated a suit to obtain a new deed in lieu of it. We find no error in the decision of the chancellor in these respects; but he also adjudged to appellee a further credit upon the amount due by him of $1,125 as damages sustained by appellee by the depreciation of the property between the time the original deed was lost and the new deed supplied. It is unnecessary for us to consider the question whether the counterclaim states a cause of action for damages occasioned by reason of the depreciation in the value of the property. It is sufficient to say that, assuming the counterclaim in this behalf to be a good pleading, there is no sufficient evidence that appellee had any opportunity to sell the land before the new deed was supplied. For this reason a rehearing is granted, the former opinion is withdrawn, and the judgment is reversed, with directions to set aside the judgment, and enter a new judgment for $1,125 more than the original judgment.
---------
Notes:
[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.
---------
To continue reading
Request your trial
-
Simpson v. Burnett
...255; Regier v. Accident Co., 202 Mo.App. 184; Osborne v. Ehrhardt, 15 P. 590; Rectenbaugh v. Porthuron Co., 118 N.W. 697; Loan & Sav. Assn. v. Pickrell, 56 S.W. 500; Town Duxbury v. Rd. Co., 26 Vt. 751. (2) Where a wrong has been committed which has involved the plaintiff in litigation with......
-
Indiana Nat. Life Ins. Co. v. Butler
... ... 17 C.J. 809; ... Peoples' B. L. & S. Ass'n. v. Pickrell, 56 ... S.W. 500, ... ...
-
Indiana Nat. Life Ins. Co. v. Butler
...be recovered where the party incurring them acted in good faith in bringing his action or making defense. 17 C. J. 809; Peoples B. L. & S. Ass'n v. Pickell, 56 S. W. 500. On the other hand, if the prior litigation was unnecessary, there can be no recovery for expenses therein. On another tr......