Leitzell v. Peter

WOLFE, Justice.

The defendant appeals from the adverse judgment of the Third Judicial District Court of Salt Lake County in an action on a promissory note of which defendant-appellant was the maker and Dr. Frank D. Spencer the payee. Appellant urges as his ground for reversal that the plaintiff was not the holder of the note entitled to sue thereon.

The facts are not disputed. Golden W. Robbins has represented the plaintiff for several years as his attorney. The payee of this note employed him as attorney for the collection of the note. Robbins called the plaintiff and was assured that he was…