Cavanaugh v. Salisbury
Utah Supreme Court
Appeal from the Third District Court Salt Lake County. Hon. Ogden Hiles, Judge. This was an equitable action founded upon contract. From a judgment in favor of defendant plaintiff appealed.
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Appeal from the Third District Court Salt Lake County. Hon. Ogden Hiles, Judge. This was an equitable action founded upon contract. From a judgment in favor of defendant plaintiff appealed. “Although a firm is not liable to make good trust money applied to its use by one of its members in breach of trust reposed in him, unless the firm can be implicated in the breach of trust, this doctrine will not preclude a cesti que trust from following his own money into the hands of the firm, and demanding it back, if he can show that the firm still has it, and the firm did not come by it by purchase…
1Opinion of the CourtBartch, C. J.
This is an equitable action founded upon contract. Originally the suit was brought against O. J. Salisbury, Monroe Salisbury and Katherine C. Belcher, administra-trix of the estate of John T. Gilmer, deceased, defendants. Afterwards Mary E. Gilmer, Wells, Fargo & Co., and John E. Dooley were also made defendants, and a trial was had, but before the entry of final judgment the case was' settled and dismissed by stipulation, as to all the defendants, except O. J. Salisbury and Monroe Salisbury, the plaintiff reserving the right to prosecute the action against them to final determination.…
2Cases cited1 opinion
- Irwin v. WilliarSupreme Court of the United States · 1884
3Cited by1 opinion
- Peterson v. ArmstrongUtah Supreme Court · 1901