The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-05-02
Married Women Who Join in
Mortgages Liable For
Deficiencies.
HILES so HOLDS IN saw
INGS SOCIETY VS.. SNYDER.
Findings in Case of A. G. Campbell
VS.. a. F. Holden and Others
Mining Dispute of Matthew Gull
len and NJ. L. Powers Heard and
Taken Under Amusement.

Judge Hiles yesterday rendered his
decision in the case of the Savings and
Loan society against ]. ]. Snyder
ct al.
The decision says: I'm this suit Mrs
Laura D. Snyder and Mrs. Theodore \.
Davis, who are the wives respectively
of defendants John j. Snyder and
Theodore a. Davis. defend the action
on the ground that they were married
women andssigned the note and mort
gage sued on as sureties for their re-
spective husbands, and that they re-
ceived nothing of value therefor, and
| that no part of the avails of the note
I or mortgage went toward the better
ment or their separate estates. They
assert as matter of law that no judg-
ment can be entered against them for
any deficiency on a foreclosure sale of
the premises described in the mort
gage
The supreme court in the case of
Gunner VS.. Wilson, A Pac. Rep, de-
c1ded that sections 252S, 2529, 3172 and
Sl13 when read together must be taken
10 mean that the common law rule
that a husband is liable for the ante
nuptial torts of mis- wife is thereby alb
rogated.
L should not have thought but for
the authority of that case that these
statutes have any application to a case
like that, but it is clear that if those
statutes are to have such an applica-
ton and force in respect of torts COM
mitted by the wife either before or af-
ter marriage, for a much stronger rea-
son must they be held to abrogate the
common law rule in respect of con-
tracts made by her during coVerture
whether relating TO her separate prop
erty or 10 general matters in the ordi-
nary course of business. Considering
that | am bound by the authority OF
the case of Gunner VS.. Wilson, l decide
that the separate pleas of Mrs. Snyder
and Mrs. Davis are not good. There
fore judgment will be against all the
defendant makers of the note and
mortgage for the amount due upon the
note and the other charges in the
mortgage and the usual decree for the
entering of personal judgment in case
of deficiency upon sale of the prem
ises.'
Judge Hiles also rendered his de-
cision in the case of Allen G. Camp
bell VS.. A. F. Holden ct al. which was !
tried few days ago. The decision is i
as follows:
In this case 1 find from the evil !
dence that Holden, Morse, Wicks and |
Campbell formed a mining partnership |
,
the Mary Ellen and Live Yankee min
ing claims, and that they carried on
the business as such partners till |
about the day of April, 1896
The evidence shows that when the
was formed Cullen. who
was a tenant in common with the
members of the partnership, was re-
Iuested to join it, and TO advance his
share of whatever moneys might be
-equired to carry on the business till il
could be found out whether it would
pay. That he a first refused to engage
n the enterprise, but that subsequent
y he informed Campbell and the
,ther partners that he would do what
,ver Campbell did. l think from the
evidence that the promises of Cullen
we're sufficient to have bound him to
Jay his share of the loss, if there had
)een a loss, and consequently he is
entitled TO a share in the profits of
he partnership, not as member
hereof, bat as a tenant in common of
he mines, with the partners, holding
IS he did one-fourth interest therein
Mat by reason of such promises he
Ices not stand in the position of a
enant in common who has refused to
ontribute to the expense of working
n the joint property.
LAS to the liability of the parties to )
ay the royalties under the Delaney
ond and lease, I hold that the evil ..
ence shows that the bond and lease !
obtained two terms. by one of which
Holden and his co-lessees bound them
elves to pay II per cent of the net !
roceeds of the Delaneys as rent Of
heir One-half interest in the mines.
nd by the other term ct the contract
hey had an option to buy the whole /
title from the Delaneys.
In this view Of the contract there !
he a (N1nnhhI
julien to pay any part of the royalty, /
ut it is chargeable to Holden, Morse.
nd Wicks. :
LAS to the assayer's outfit. which
-as purchased by Mr.. Holden, 1 think l
e should have a reasonable cOmpen q
alton for the use of it, in the business
f the partnership.
THE evidence shows that Mr. Holden a
dvanced about $1,000 for the partner >
hip before any proceeds were derived
rom the business. l think he should :,
q allowed in the account legal inter !
st for the time he laid out his money =
The evidence shows that the reason d
bic value of Mr.. Holden's services as ,
eneral manager of the business was
$50 per month. 1 think he ought to
e allowed one-fourth of $3.50 per
lonth during the months he was &C
Tally engaged attending TO the eX
acting and selling of the ores-I
link the evidence shows about six IT
lonths-and that that sum should be
1arged against Mr.. Cullen's share,
le evidence showing that the work .
hich he did for the partnership en- .
red specially to Mr.. Cullen's benefit, =
no was not a member a
Let a referee be appointed to take =
nd state the account in accordance >
it'll this decision, and upon the filing {
nd confirmation of the report let find
gs and judgment be entered accord a a,
gly." - -
xTc nNxrrDc Il