Wolstenholme v. Smith
Utah Supreme Court
Appeal from District Court, Third District; T. D. Lewis, Judge. ‘ Action by Daniel Wolstenholme, special administrator of the estate of James Megeath, deceased, against Grant H. Smith and another. From a judgment for plaintiff, defendant J. E. Darmer appeals. APPELLANT'S POINTS.
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Appeal from District Court, Third District; T. D. Lewis, Judge. ‘ Action by Daniel Wolstenholme, special administrator of the estate of James Megeath, deceased, against Grant H. Smith and another. From a judgment for plaintiff, defendant J. E. Darmer appeals. APPELLANT'S POINTS. Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided as to those who do not assent thereto, and any alteration which changes the time of payment is a material alteration. (Laws Utah 1899, secs. 124, 125.) The law implies an agreement for extension where…
1Opinion of the CourtStraup, J.
This is an action brought to recover a judgment on a promissory note. The note reads: “Salt Lake City, Utah, Sept. 13, 1901. Sixty days after date, without grace, for value received, we or either of us promise to pay to the order of Joseph P. Megeath, three hundred dollars ($300) in United1 States gold coin, negotiable and payable at the bank of Commerce, at Salt Lake City, Utah, without defalcation or discount, with interest at the rate of one per cent, per month from maturity until paid, both before and after judgment, and if suit be instituted for the collection of this note we agree to…
2Cases cited3 opinions
- Vanderford v. Farmers' & Mechanics' National BankCourt of Appeals of Maryland · 1907
- Cellers v. MeachemOregon Supreme Court · 1907
- National Citizens' Bank v. ToplitzAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by26 opinions
- Union Trust Co. v. McGintyMassachusetts Supreme Judicial Court · 1912
- Bradley Engineering & Manufacturing Co. v. HeyburnWashington Supreme Court · 1910
- Mortgage Guarantee Co. v. ChotinerCalifornia Supreme Court · 1936
- Merchants' National Bank v. SmithMontana Supreme Court · 1921
- Continental Mutual Savings Bank v. ElliottWashington Supreme Court · 1932
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