Legal Opinion

Utah Banking Co. v. Oler

Utah Supreme Court

Decided January 12, 1916No. 2797PublishedCited by 1 opinion

Appeal from District Court, Fourth District, Hon. A. B. Morgan,- Judge. Action by the Utah Banking Company, against James Oler. Judgment of nonsuit for defendant. Plaintiff appeals.

1Opinion of the CourtStbaup, C. J.

This is an action on a conditional sale note executed and delivered by the defendant to one Giles, and by him sold and indorsed to the plaintiff. The defendant admitted the execution of the note, but averred:

That it was given for the purchase of a piano; that the Baldwin Company, a corporation, and not Giles, was the owner of the piano, and that he “had no right or authority at any time to sell the said piano, except as the agent of the Baldwin Company, or to take in payment therefor any note, contract, or written instrument of any kind except in the name of the Baldwin Company, a…

2Cases cited1 opinion

  1. Utah Banking Co. v. NewmanUtah Supreme Court · 1914

3Cited by1 opinion

  1. Nucci v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1917

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