Legal Opinion

Jungk v. Reed

Utah Supreme Court

Decided June 1, 1893PublishedCited by 1 opinion

Appeal from a judgment of the district court of the first district and from an order refusing a new trial. Hon. John W. Blackburn, judge. The record shows the following facts: The complaint was upon two promissory notes alleged to have been executed by defendant Reed and defendant Cropper, and alleged to have been endorsed prior to execution and delivery by defendants Holbrook and Duggins. Protest and notice of non-payment upon presentment were also alleged.

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Appeal from a judgment of the district court of the first district and from an order refusing a new trial. Hon. John W. Blackburn, judge. The record shows the following facts: The complaint was upon two promissory notes alleged to have been executed by defendant Reed and defendant Cropper, and alleged to have been endorsed prior to execution and delivery by defendants Holbrook and Duggins. Protest and notice of non-payment upon presentment were also alleged. Defendants Reed and Cropper, answering together, denied a valuable consideration for the notes, and alleged that they were procured…

1Opinion of the Court

ZaNE, C. J.:

This is an appeal by the plaintiffs from an order overruling their motion for a new trial, and from a judgment against them on the verdict of the jury. The action was instituted upon three promissory notes, aggregating $7,000, made by defendants Reed and Cropper, and indorsed by the other defendants before the delivery to plaintiffs. The makers joined in one answer, and the indorsers joined in another. In the respective answers, failure of the consideration of the notes, and fraud in obtaining them, were alleged. It was also alleged that one Scott was a partner of both parties to…

2Cases cited3 opinions

  1. Mahan v. Sherman ex rel. Wabash & Erie Packet Boat Co.Indiana Supreme Court · 1845
  2. Union National Bank v. Bank of CommerceIllinois Supreme Court · 1880
  3. Herriott v. KerseySupreme Court of Iowa · 1886

3Cited by1 opinion

  1. Jungk v. HolbrookUtah Supreme Court · 1897

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