Ludden & Bates v. Sumter
Ludden & Bates v. Sumter
Opinion of the Court
The opinion of the Court was delivered b)^
The plaintiff’s action for claim and
To understand the vitality of the question, here under review, to the plaintiff’s case, a statement of facts will be necessary. The plaintiff, Ludden & Bates Southern Music House, sold to the defendant, Mrs. Catherine W. Sumter, a certain piano on the 28th day of May, 1890, at the price of $300 — a very large part of the purchase price being on a credit, which was secured by a mortgage. Payments were made from time to time on this indebtedness, but on the 21st day of June, 1892, there was still due as principal and interest the sum of $177.65. The plaintiff, a month or two before this last named date, had sent this claim to Messrs. Lee & Moise, of Sumter, S. C., for collection. Finding that payment in money was not in the power of Mrs. Sumter, and inasmuch as Mrs. Sumter was about that time proposing to give a second mortgage on a tract of land containing 301 acres to some other creditors, Major Moise suggested that the claim of the present plaintiff be secured by that same mortgage. After some delay, this was done — to wit: on the 21st June, 1892. The note which represented the claim of the present plaintiff against Mrs. Sumter for $177.65 was made payable to Lee & Moise, attorneys, and the mortgage was executed to Richard D. Lee as .trustee. After maturity of these notes, this mortgage was foreclosed; but alas! the proceeds of sale onfy paid about one-half of the prior or first mortgage. Some confusion occurred as to the meaning or purpose of Mrs. Sumter, the mortgagor, and Lee & Moise, the equitable mortgagees, in executing and accepting such
It is the judgment of this Court, that the judgment of the Circuit Court be reversed, and the case be remanded to that Court for a new trial.
Reference
- Full Case Name
- LUDDEN & BATES v. SUMTER
- Status
- Published
- Syllabus
- Attorney and Cdient — Evidence.—An attorney at law has no power to release a lien upon property held by his client, without express authority so to do from his client; and in action for claim and delivery, where defense was payment by acceptance by attornej' of another security in substitution of one sued on, it was error in Circuit Judge to refuse to allow plaintiff to ask the attorney accepting the security: “Were you authorized by your client to accept any other security in substitution or payment of the piano note?”