Legal Opinion

Whitney v. Richards

Utah Supreme Court

Decided June 30, 1898No. 929PublishedCited by 5 opinions

Appeal from district court, Salt Lake county; A. N. Cherry, Judge. Action by Ann L. Whitney against Joseph S. Richards and others. Plaintiff had judgment, and defendants appeal.

1Opinion of the Court

ZANE, C. J.:

This action was instituted on October IT, 1896, to recover the balance alleged to be due the plaintiff on a promissory note, executed by defendants, for $17,000, with interest at $60 per month, from its date, November 1, 1890. The defendants answered, admitting the execution of the note, but alleging in avoidance that defendant Joseph S. Richards was the principal, and the other defendants were his sureties; that on October 27, 1893, he executed ánd delivered to the plaintiff his note for $1,500, and a conveyance of real estate, described, which plaintiff accepted in full…

2Cases cited2 opinions

  1. Sterling v. SmithCalifornia Supreme Court · 1893
  2. Colton Land & Water Co. v. RaynorCalifornia Supreme Court · 1881

3Cited by5 opinions

  1. Ammerman Ex Rel. Ammerman v. Farmers Insurance ExchangeUtah Supreme Court · 1969
  2. Stack v. NolteWashington Supreme Court · 1902
  3. Levin v. FrankNew York Supreme Court · 1957
  4. Stratton v. West States ConstructionUtah Supreme Court · 1968
  5. Dye v. Farm Mortgage Inv. Co.Court of Appeals for the Tenth Circuit · 1934

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