Show alfre COURT CASES vs dark clark and brig brigham 11 am young trust co vs wagoner the supreme court yesterday rendered a decision in the case ot of edith B rickey respondent vs va joseph dark clark appellant Ip appealed pealed from the fourth dist 9 ct the suit was one to recover aloo paid by the plaintiff to tho the defendant to secure the release of certain real estate supposed oved by the partle carlies to lc be covered by a mortgage held by the defendant it was later discovered that the real estate was not subject to the mortgage morl Kage in the district court tile the jury found 0 a verdict for tile the plaintiff by the instruction of the court the supreme court holds that the instruction st cLion was erroneous as the defendant was misted by the plaintiff and credited the amount on the mortgage mor debt arid and because it is not now possible for him to recover the amount under the mortgage kach each having acted honestly and in fit rood faith says the court we think equitable principles would require that the misfortune be visited upon the one contributing more to the mistake it de decides idea that the tha plaintiff was more responsible responsible than tile defendant for the mistake as her rep caused him to receive the money and credit it on the mortgage debt the case of the young tonne trust company respondent vs henry wagener appellant was arpud argued d in the supreme court by J A williams for the appellant and barlow tor for the respondent this action was brought on oil november 19 to recover ISO claimed to be due ns as rent on property ot at the brigham leham young estate on west temple street under a lease executed to wilken end and aR assigned sIgned to the appellant the appellant in hla big answer alleged alli ced that on may 1 1833 1 he be tendered the respondent iso for rent from october 1 to may sl 31 1992 but that the company refused to accept on the ground that by failure to pay the rent in advance the lease had been terminated and the c company 0 m pany had taken possession pomes iton of 0 t the h e property wagoner stated slated that he regarded this refusal as final and made no attempt to la property or as lie had intended to do and ho be contended that the conduct of tho the company had stop erld it from claiming rent the jury ro turned a verdict for tile tho plaintiff tor for the amount claimed and Wafie ncr appealed train from an instruction of 0 the lower court which he claims was virtually saying to the jury that the defense was not good the two appeals appeal of 0 the grocery cery company vs vi P I 1 J mclaughlin company and wallace company vs r Y J company were wera argued jointly by jones for or the and brown henderson tor for the defendants the plaintiffs are judgment creditors of 0 the 1 defendants I fend ants the first ramn named lor for a and d the tor for IG 11 tile the tip ap poala peals were taken by th tho if e T d from an order bertyl denying a motion t ion t boid af U ide the report of J ja n harris ct aree in supplemental proceedings NN vatch aich provi provided dod for ih llie turning over by 1 I J mclaughlin blin to the plaintiffs tit of 1000 end and certain stock block ot of 1 J mclaughlin Jn company charles charlea AN redfield william IfIl larn 0 norrell james mcgury mcgary and edward NY exum yesterday commenced suit bull against jr ir P henderson anil and P L williamp as executors exco utora of 0 the will of 0 the late I rank frank it IF dyet to recover 1 for services tendered rend ercil as deputy deput Y united stats states marshals under marshal SIn reial dyer which it la IS alleged the calato has haa obtained judgment for or against tile the iov ern ment when the a were re ran n dered it was waa not bot certain that the government would make mi an allo allowance tor for the plaintiffs the cunnington company v berday a aed the Griz itly mining Corx company pany to recover oid and interest cial died to be due on a note for executed september 17 ISOL |