Smith v. Williamson
Utah Supreme Court
Appeal from a judgment of tbe district court of the first district and from an order refusing a new trial. The opinion states the facts except that the note sued upon was as follows: “Provo, Utah, June 24, 1890. “Twelve months after date without grace I promise to pay to the order of G-oodhue and Van Meter, for value received, Four Hundred Dollars, payable at Provo, without defalcation, or discount, interest 8 per cent, per annum, from December 2o, 1890, before and after…
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Appeal from a judgment of tbe district court of the first district and from an order refusing a new trial. The opinion states the facts except that the note sued upon was as follows: “Provo, Utah, June 24, 1890. “Twelve months after date without grace I promise to pay to the order of G-oodhue and Van Meter, for value received, Four Hundred Dollars, payable at Provo, without defalcation, or discount, interest 8 per cent, per annum, from December 2o, 1890, before and after judgment. If the interest be not paid as stipulated, the legal holder of this note may declare the principal due, and…
1Opinion of the Court
Zane, C. J.:
This suit was instituted on a promissory note bearing date June 24, 1890, payable to Goodhue & Yan Meter, in one year, for the sum of $400, and signed by the respondent, and indorsed by them to the plaintiffs. The respondent in his answer admitted that he signed the note, but averred that he was so drunk at the time that he was incapable of understanding the effect of his act. It does appear from the evidence in the record that the defendant was intoxicated; but whether he was thereby deprived of his reason, and of his capacity to understand the transaction, the evidence is so…
2Cases cited3 opinions
- Booby v. McKenneySupreme Judicial Court of Maine · 1844
- Bush v. BreinigSupreme Court of Pennsylvania · 1886
- Larkin v. MannNew York Court of Chancery · 1830
3Cited by3 opinions
- Utah State National Bank v. SmithCalifornia Supreme Court · 1919
- McCornick & Co. v. Gem State Oil & Products Co.Idaho Supreme Court · 1923
- Green v. GunstenWisconsin Supreme Court · 1913