Inter-Mountain Ass'n of Credit Men v. Davies

Plaintiff, as assignee for the benefit of creditors of Barker System of Bakeries, a Utah corporation, brought this action to recover $2,000 from the defendant, alleged to be due as an unpaid subscription to the capital stock of plaintiff’s assignor.

Defendant admitted the subscription, but pleaded that lie had been released and discharged from the same, and that the stock subscribed for had been issued and sold to another, by the corporation.

The defendant had judgment, from which the plaintiff has appealed.

The evidence is without conflict, except as hereinaffer noticed, and establishes the…