Flint v. Nelson
Utah Supreme Court
Appeal from the District Court of the Fourth Judicial District, Horn James A. Miner, Judge. Action on a promissory note by Eichard Flint against A. H. Nelson, Frank J. Cannon and A. H. Cannon. From a judgment for plaintiff, defendants appeal. The opinion states the facts except that the rules of the court of the Fourth Judicial District required a request for instructions to be presented to the court before the charge had been given by the court to the jury.
1Opinion of the Court
Smith, J.:
This was an action upon a negotiable promissory note made by defendants to the plaintiff. The answer of defendants denied that plaintiff was the owner of the note; alleged that it was made without any consideration; and also alleged that plaintiff obtained possession of it wrongfully; that the delivery of it was by mistake, which the plaintiff well knew. The evidence as to what occurred at the time of the delivery of the note sued on is squarely conflicting. Plaintiff swears to one state of facts and Frank J. Cannon to another. The jury found for plaintiff, and there is no question…
2Cases cited5 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- People v. CochranCalifornia Supreme Court · 1882
- Anderson v. ParkerCalifornia Supreme Court · 1856
- In re ThomasSupreme Court of Kansas · 1894
- Hong Sling v. National Assurance Co.Utah Supreme Court · 1891
3Cited by1 opinion
- Farmers' & Stockgrowers' Bank v. Pahvant Valley Land Co.Utah Supreme Court · 1917