Halliday v. Manton

Supreme Court of Rhode Island

Halliday v. Manton

69 A. 847, 29 R.I. 205, 1908 R.I. LEXIS 41

DecidedJune 5, 1908

StatusPublished

This text of 69 A. 847 (Halliday v. Manton) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Halliday v. Manton, 69 A. 847, 29 R.I. 205, 1908 R.I. LEXIS 41 (R.I. 1908).

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Opinion

Per Curiam.

In this action of assumpsit the plaintiff seeks to recover her share of the surplus of the proceeds of the-foreclosure sale of a mortgage, given by herself and her former-husband, Samuel A. Halliday, upon real estate owned by them as cotenants, and was nonsuited on the ground that the action should have been brought in the names of both mortgagors.

The case is governed by the decision of this court in Clapp v. Pawtucket Institution for Savings, 15 R. I. 489, and for the-reasons therein stated the nonsuit must be sustained.

The release given in Crafts v. Sweeney, 18 R. I. 730, was a. release of an individual interest, and did not purport to be a. settlement of the whole claim.

The plaintiff’s exceptions are overruled, and the case is remitted to the Superior Court for entry of judgment as of non-suit.

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Per Curiam.

In this action of assumpsit the plaintiff seeks to recover her share of the surplus of the proceeds of the-foreclosure sale of a mortgage, given by herself and her former-husband, Samuel A. Halliday, upon real estate owned by them as cotenants, and was nonsuited on the ground that the action should have been brought in the names of both mortgagors.

The case is governed by the decision of this court in Clapp v. Pawtucket Institution for Savings, 15 R. I. 489, and for the-reasons therein stated the nonsuit must be sustained.

The release given in Crafts v. Sweeney, 18 R. I. 730, was a. release of an individual interest, and did not purport to be a. settlement of the whole claim.

The plaintiff’s exceptions are overruled, and the case is remitted to the Superior Court for entry of judgment as of non-suit.

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Bluebook (online)

69 A. 847, 29 R.I. 205, 1908 R.I. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halliday-v-manton-ri-1908.