Miller v. Zeigler
Utah Supreme Court
Appeal from the first district court. The complaint, among other things, alleged that the note sued upon was assigned in blank and delivered to plaintiff. There was no allegation that plaintiff had ever paid the note. The appeal is from a judgment by default. The other facts appear in the opinion. The complaint is insufficient to support the judgment: 2 Kent’s Com. 617; Sedgwick on Damages, 367, 368; Hwrnphy v. Crane, 5 Cal. 175; 9 Id. 557; McDermott y.
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Appeal from the first district court. The complaint, among other things, alleged that the note sued upon was assigned in blank and delivered to plaintiff. There was no allegation that plaintiff had ever paid the note. The appeal is from a judgment by default. The other facts appear in the opinion. The complaint is insufficient to support the judgment: 2 Kent’s Com. 617; Sedgwick on Damages, 367, 368; Hwrnphy v. Crane, 5 Cal. 175; 9 Id. 557; McDermott y. Mitchell, 53 Id. 617; 23 Id. 64. The summons was fatally defective, and was never legally served: Civ. Pr. Act, sec. 26; 2 Cal. 24; 8 Id.…
1Opinion of the Court
Twiss, J.:
The plaintiff was surety for and joint maker with the defendant on an instrument, of which the following is a copy: “$100. ' OgdeN, January 27, 1880.
“ On the 31st day of January, eighteen hundred and eighty, without grace, for value received, we promise to pay in United States currency, at the banking-house of J. E. Dooley & Co., Ogden, Utah, to J. E. Dooley & Co., one hundred dollars, together with interest thereon from date until paid, at the rate of two per cent per month, payable monthly in currency; said interest if not paid as it becomes due is to be added to the principal,…
2Cases cited4 opinions
- Norton v. CoonsNew York Supreme Court · 1846
- State ex rel. Flack v. RogersNevada Supreme Court · 1875
- Wright v. . GarlinghouseNew York Court of Appeals · 1863
- Baldwin v. BrownNew York Supreme Court · 1868
3Cited by8 opinions
- Thomas v. District Court of Third Judicial Dist. Ex Rel. Salt Lake CountyUtah Supreme Court · 1946
- Freed Furniture & Carpet Co. v. SorensenUtah Supreme Court · 1905
- Shinn v. KitchensSupreme Court of Arkansas · 1945
- Kennedy Et Ux. v. GriffithUtah Supreme Court · 1939
- Tritthart v. TritthartIdaho Supreme Court · 1913
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