First National Bank of Nephi v. Foote
Utah Supreme Court
Appeal from the District Court of the First Judicial District. Hon. H. W. Smith, Judge. Action by the First National Bank of Nephi, a corporation, against Charles Foote and W. A. C. Bryan, appellants, impleaded with W. S. Tingey and Alma Hague. From a judgment for plaintiff, defendants Foote and Bryan appeal.
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Appeal from the District Court of the First Judicial District. Hon. H. W. Smith, Judge. Action by the First National Bank of Nephi, a corporation, against Charles Foote and W. A. C. Bryan, appellants, impleaded with W. S. Tingey and Alma Hague. From a judgment for plaintiff, defendants Foote and Bryan appeal. The court below erred in directing the jury peremptorily to find a verdict in favor of the plaintiff for $3,000. 1. That sum includes $500 of interest computed at two per cent a month. R. .S. U. S. §§ 5197, 5198; National Bank v. Johnson, 104 U. S. 271. 2. There was very convincing…
1Opinion of the Court
MERRITT, C. J.:
The respondent brought suit against the appellants and Hague and Tingey upon a promissory note for $3,000. *165At the conclusion of the evidence the court below instructed the jury to return a verdict for the respondent for .the face of the note, without interest. The facts in the case, either proven or proposed to be proven, were as follows: In the month of.January, 1890, certain citizens and property owners of the town of Nephi, among whom were the appellants, Foote and Bryan, and Tingey and Hague, entered into a contract with one Francis Tiernan, acting for the Utah, Nevada &…
2Cases cited12 opinions
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