Junck v. Reed
Utah Supreme Court
Appeal from the District Court of the First Judicial District. Hon. H. W. Smith, Judge. Action by Ferdinand Jnngk and F. J. Fabian against. D. S. Reed and G. W. Cropper, as principals, and L. Holbrook and S. M. Duggins, sureties, on certain promissory notes. On a former appeal, 9 Utah, 49, a judgment, for defendants was reversed, and a second trial resulted in a judgment for plaintiffs as against the principals, but. against plaintiffs as to the sureties.
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Appeal from the District Court of the First Judicial District. Hon. H. W. Smith, Judge. Action by Ferdinand Jnngk and F. J. Fabian against. D. S. Reed and G. W. Cropper, as principals, and L. Holbrook and S. M. Duggins, sureties, on certain promissory notes. On a former appeal, 9 Utah, 49, a judgment, for defendants was reversed, and a second trial resulted in a judgment for plaintiffs as against the principals, but. against plaintiffs as to the sureties. From an order denying plaintiffs' motion for a new trial, they appeal. The court instructed the jury that if Holbrook and’ Duggins knew at…
1Opinion of the Court
Meeeitt, C. J.:
This is an appeal from a judgment rendered in favor of respondents Holbrook and Duggins in the District Court of the First Judicial District of Utah territory, and from an order denying the appellants’ motion for a new trial. It appears from the evidence that the apjiellants had for many years been partners under the firm name of Jungk & Fabian, doing business as merchandise brokers in Salt Lake City, Utah; that on November 20, 1889, they entered into a contract with S. W. Scott to buy sheep, it being provided therein that all contracts for sheep should be made in the name of…
2Cases cited5 opinions
- Galigher v. JonesSupreme Court of the United States · 1889
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Frenkel v. HudsonSupreme Court of Alabama · 1886
- Lawrence v. BallouCalifornia Supreme Court · 1869
- United States v. ElliotUtah Supreme Court · 1895
3Cited by3 opinions
- Brown v. TourtelotteSupreme Court of Colorado · 1897
- Jungk v. HolbrookUtah Supreme Court · 1897
- Brimm v. JonesUtah Supreme Court · 1895