National Finance Company of Utah v. Valdez

CALLISTER, Justice.

Action, upon a promissory note and chattel mortgage. The defendant appeals from an adverse judgment.

*341' Plaintiff’s complaint, in addition to the -usual allegations concerning the execution of the note and defendant’s default, alleged that the defendant, prior to obtaining the loan and as an inducement therefor, submitted a written financial statement to plaintiff which was false and fraudulent. Defendant filed an answer containing what is substantially a general denial and also, .as an affirmative defense, alleged that he had been adjudicated a bankrupt and that plaintiff’s…