Jenkins v. Commercial National Bank

Citations

• 19 Idaho 290
• 113 P. 463
• 1911 Ida. LEXIS 14

Syllabus

<p>Damages — Wrongful Foreclosure of Chattel Mortgage — Insufficiency of Complaint — Improper Examination of Witness — • Attorney’s Fees.</p> <p>(Syllabus by tbe court.)</p> <p>1. In an action for damages where the complaint as a whole states a cause of action, and a demurrer is filed to the entire cause of action, it is not error for the trial court to overrule such demurrer, even though the facts stated as to a particular item of damages are insufficient to entitle the plaintiff to recover for such particular damage.</p> <p>2. In an aetion for damages it is error for the trial court to permit such questions to be asked a plaintiff as, “In what way were you damaged by reason of your horses being taken, by reason of the foreclosure of this mortgage?” “Tell us how you were damaged,” “State to the jury what damages you sustained by reason of the foreclosure of this mortgage.” “Could you give an idea?” “State how you were damaged by reason of the foreclosure of this mortgage.”</p> <p>3. When, however, improper questions are asked, and the answers: are so indefinite and general that the jury could in no way have been, aided, influenced or misled by such answers, the judgment will not be reversed solely because of the error of the court in permitting such questions to be answered.</p> <p>4. The expense for loss of time and the expense of employing-counsel in advising the method to be pursued by the mortgagor in resisting the foreclosure of a chattel mortgage, where it is claimed by the mortgagor that the debt has been paid, cannot be recovered in such action or in an independent action brought for the purpose of recovering such damages.</p> <p>5. Attorney’s fees eannot be recovered in an action unless authorized by statute or by express agreement of the parties, exeept in. extreme cases where there is wilful wrong, gross negligence or fraud.</p> <p>6. Findings of fact and conclusions of law are not required where the cause is tried to a jury, and are only required upon t