Utah Saving & Trust Co. v. Bamberger
Utah Supreme Court
Appeal from District Court, Salt Lake County; T. D. ■ Lewis, Judge. Action by the Utah Savings & Trust Company, administrator of tbe estate of James F. Woodman, deceased, against Simon Bamberger. From a judgment for. defendant, plaintiff appeals. . ' ' APPELLANT’’S POINTS.
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Appeal from District Court, Salt Lake County; T. D. ■ Lewis, Judge. Action by the Utah Savings & Trust Company, administrator of tbe estate of James F. Woodman, deceased, against Simon Bamberger. From a judgment for. defendant, plaintiff appeals. . ' ' APPELLANT’’S POINTS. We insist that tlie court erred in its ruling permitting the defendant to file its amended answer with the new defense, first because the oral agreement relied upon as a defense was made October 1, 1896, and from that time must have been known to the defendant — about eight years before; leave to file the amended answer was…
1Opinion of the CourtMcCARTY, J.
Appellant contends that the court erred in making its eighth and ninth findings of fact referred to in the foregoing statment of the case, and that these findings are not only unsupported by, but are against, the evidence. It appears from the record that on June 30, 1896, Woodman paid a debt of $5,000 and interest thereon, which he and Bamberger jointly owed, and accepted the note sued on for the portion of the debt he had thus paid for Bamberger. Woodman placed the note in the hands of W. O. Hall for collection, who then wras a practicing attorney, but who at the time of the trial wras a…
2Cases cited5 opinions
- Parmelee v. . ThompsonNew York Court of Appeals · 1871
- Pope v. HaysTexas Supreme Court · 1857
- Reynolds v. NugentIndiana Supreme Court · 1865
- Lewis v. McReavyWashington Supreme Court · 1893
- Dunckel v. DunckelNew York Supreme Court · 1890
3Cited by1 opinion
- Utah Savings & Trust Co. v. BambergerUtah Supreme Court · 1906