Calfo v. D.C. Stewart Co.

ZIMMERMAN, Justice:

This case involves a suit by plaintiff Angelo Calfo upon a promissory note issued by defendant D.C. Stewart Co. (“Stewart”). The note was payable to the order of C.J. Realty and was sold to Calfo by an agent of C.J. Realty. The trial court granted Calfo a summary judgment enforcing the note. Stewart appealed. We hold that the note was not a negotiable instrument and reverse the trial court on that ground.

Stewart owned the Astro Motel in Cedar City, Utah. Defendant Roland Vance, a real estate agent for defendant C.J. Realty, approached Stewart about listing the motel for…