Walker v. Popper
Utah Supreme Court
Appeal from the Third Judicial District Court. The facts are stated in the opinion of the court. The complaint alleges that by the promissory note defendant Popper “ promised to pay the order of A. Godbe, cashier of said bank.” This allegation, as it stands, makes A. Godbe the payee, and the words “ cashier of said bank ” are merely a desci’iption and designation of the man Godbe.
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Appeal from the Third Judicial District Court. The facts are stated in the opinion of the court. The complaint alleges that by the promissory note defendant Popper “ promised to pay the order of A. Godbe, cashier of said bank.” This allegation, as it stands, makes A. Godbe the payee, and the words “ cashier of said bank ” are merely a desci’iption and designation of the man Godbe. But that there might be no mistake that Godbe, personally, was the payee intended, the complaint further alleges: “And the said A. Godbe, cashier, was named as the payee therein, as an agent and officer of said…
1Opinion of the CourtBoRemaN, J.
This is an action on a negotiable promissory note against the maker and an alleged indorser. The defendants below (appellants here) demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer having been overruled, the defendants answered, and thereupon, pending the impaneling of the jury, the plaintiffs (respondents here) moved for judgment on the pleadings. The court sustained the motion, and gave judgment for the plaintiffs, from which aGtion of the court below the appellants bring the cause to this court.
The overruling the…
2Cases cited4 opinions
- Union Bank v. HydeSupreme Court of the United States · 1821
- Barnes v. . Ontario BankNew York Court of Appeals · 1859
- Gordon v. MontgomeryIndiana Supreme Court · 1862
- Shelton v. DarlingSupreme Court of Connecticut · 1818
3Cited by1 opinion
- May v. JonesSupreme Court of Georgia · 1891