Salisbury v. Stewart
Utah Supreme Court
Appeal from the Second district court, Weber county. Hon. H. H. Rolapp, Judge. Action by Orange J. Salisbury against J. Z. Stewart and others on a promissory note. From a judgment for plaintiff, defendants appeal. Cited: Jones v. Radatz, 27 Minn. 240; First Natl. Rank v. Larsen, 18 Cent. L. J. 394; Aid. F. Go. v. Newman, 60 Md. 584; Adams v. Seaman, 82 Cal. 636; Clark y. Barnes, 58 Mo. App. 667; First Natl.
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Appeal from the Second district court, Weber county. Hon. H. H. Rolapp, Judge. Action by Orange J. Salisbury against J. Z. Stewart and others on a promissory note. From a judgment for plaintiff, defendants appeal. Cited: Jones v. Radatz, 27 Minn. 240; First Natl. Rank v. Larsen, 18 Cent. L. J. 394; Aid. F. Go. v. Newman, 60 Md. 584; Adams v. Seaman, 82 Cal. 636; Clark y. Barnes, 58 Mo. App. 667; First Natl. Bank v. Laughlin, 61 N. W. Eep. 473-4-5; Garretson v. Fthrdy, 14 N. W. 100, 102; First National Bank of Stillwater v. Larsen, 60 Wis. 206; 92 Pa. St. 227; 71 Mo. 618, also 627; 73 Mo. 35.…
1Opinion of the Court
ZaNe, C. J.:
This is an action upon a promissory note for $3,500, *310with interest at 10 per cent per annum, executed by the defendants, and payable six months after its date to the order of John W. Taylor, the assignor of the plaintiff. It also contained the following stipulation: “ And in the event of a suit to enforce the collection of this note, or any part thereof, we further agree to pay the additional sum of ten per cent upon the amount found due, as attorney’s fees in said suit.” Before its maturity the note was indorsed by the payee to the plaintiff. The defendants alleged in their…
2Cases cited4 opinions
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Sperry v. HorrSupreme Court of Iowa · 1871
- Second National Bank v. AnglinWashington Supreme Court · 1893
- Benn v. KutzschanOregon Supreme Court · 1893
3Cited by4 opinions
- Donaldson v. GrantUtah Supreme Court · 1897
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- McCornick v. SwemUtah Supreme Court · 1909
- Charles Lippincott & Co. v. RichUtah Supreme Court · 1900