Deseret National Bank v. Dinwoodey
Utah Supreme Court
Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by the Deseret National Bank oí Salt Lake City against W. S. Burton and others. Judgment for plaintiff,- and defendants appeal, defendant, Henry Dinwoodey, alone perfecting his appeal. The expression that one of the courts has made and is quoted by counsel for appellant that, “that the allegation must be satisfactorily proven as if admitted is not the rule.
Read the full summary
Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by the Deseret National Bank oí Salt Lake City against W. S. Burton and others. Judgment for plaintiff,- and defendants appeal, defendant, Henry Dinwoodey, alone perfecting his appeal. The expression that one of the courts has made and is quoted by counsel for appellant that, “that the allegation must be satisfactorily proven as if admitted is not the rule. It would be ridiculous to suppose such a thing, but it must, however, be satisfactorily proven.” Rector v. Collins, 55 Am. Rep. 572; GarneTl v. Wilson, 14 Ark. 487;…
1Opinion of the Court
Johnson, District Judge:
This action was originally brought to recover upon a written guaranty made by the defendants to the Deseret National Bank of Salt Lake City of which the following is a copy:
“Salt Lake City, Utah, March 17, 1892.
“For value received, we or either of us promise to pay to the Deseret National Bank of Salt Lake City any and all sums of money which the said bank may loan or advance to the Burton-Gardner Company upon notes, or on their accounts, to the amount of $25,000, and with inter*46■est on said loans or advances from the time the same are made, respectively, at the rate of…
2Cases cited9 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Howland v. BlakeSupreme Court of the United States · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sine v. HarperUtah Supreme Court · 1950
- National Bank of Commerce of Kansas City, Mo. v. RockefellerCourt of Appeals for the Eighth Circuit · 1909
- Weight v. BaileyUtah Supreme Court · 1915
- Guardian State Bank v. StanglUtah Supreme Court · 1989
- Naisbitt v. HodgesUtah Supreme Court · 1957
11 more not listed; retrieve them via the Exa API.