Gillett v. Taylor
Utah Supreme Court
Appeal from the Third district co-urt, Salt Lake county. Hon. John A. Street, Judge. Action on a promissory note by Granville Gillett against Thomas E. Taylor. From a judgment for plaintiff, defendant appeals. The burden is not upon the defendant to show an express agreement between the plaintiff and another who signed the note with defendant that the defendant was accepted as a surety.
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Appeal from the Third district co-urt, Salt Lake county. Hon. John A. Street, Judge. Action on a promissory note by Granville Gillett against Thomas E. Taylor. From a judgment for plaintiff, defendant appeals. The burden is not upon the defendant to show an express agreement between the plaintiff and another who signed the note with defendant that the defendant was accepted as a surety. Edwards on Bills, sec. 573; Bailey v. Rdwards, 4 Best and S. Q. B. 761; Swire v. Redman, Q. B. Div. 536; Wheat v. Kendall, 6 N. H. 504; Meggett v. Baum, 57 Miss. 22; Gould v. Butler, 127 Mass. 386; Mariner'’ s…
1Opinion of the Court
Baetch, J.:
This is a suit upon a promissory note, dated April 1, 1891, and signed by John W. Taylor and the appellámt herein. The defendant, having set up an affirmative defense, offered to prove that, although the appellant signed the note as principal, he was in fact only a surety ; that he received no part of the money for which the note was given, or any consideration for its execution or delivery; that at or shortly after its maturity the plaintiff, without the knowledge or consent of the appellant, extended the time of payment for a valuable consideration; and that the plaintiff, at the…
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