Bunnell v. Carter
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Hon. LeG-rand Young, Judge. Action by Theodore Bunnell against Thomas Carter to foreclose a mortgage and to obtain a deficiency judgment. From a judgment denying the deficiency judgment, plaintiff! appeals. Neither Dooly nor Campbell assumed payment of the notes. They cannot, and never could, be held personally liable on them.
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Appeal from the Third district court, Salt Lake county. Hon. LeG-rand Young, Judge. Action by Theodore Bunnell against Thomas Carter to foreclose a mortgage and to obtain a deficiency judgment. From a judgment denying the deficiency judgment, plaintiff! appeals. Neither Dooly nor Campbell assumed payment of the notes. They cannot, and never could, be held personally liable on them. If Carter is relieved, we are left in the anomalous position of having promissory notes without a principal or even a surety. This is not reasonable. Carter was primarily liable. He remains so until his liability…
1Opinion of the Court
Miner, J.:
In February, 1890, appellant was tbe owner of property in Salt Lake City, and sold it to respondent; Thomas Carter, and took from him, as part payment, two. promissory notes made by Carter, ¡of $1,500 each, payable on or before February 5, 1891, and February 5, 1892, respectively, with annual interest. These notes were secured by a mortgage on the property, which was duly recorded. This action was brought to foreclose the mortgage, and for a deficiency judgment against Carter, the respondent. Cn April 2, 1890, Carter conveyed the premises to John E. Dooly, by general warranty deed,…
2Cases cited4 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Murray v. . MarshallNew York Court of Appeals · 1884
- Metz v. ToddMichigan Supreme Court · 1877
- Clark v. . MacKinNew York Court of Appeals · 1884
3Cited by4 opinions
- Zastrow v. KnightSouth Dakota Supreme Court · 1930
- Alropa Corp. v. SnyderSupreme Court of Georgia · 1936
- Mutual Benefit Life Insurance Co. v. LindleyIndiana Court of Appeals · 1932
- Schroeder v. KinneyUtah Supreme Court · 1897