Farmers' & Stockgrowers' Bank v. Pahvant Valley Land Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. F. C. Loofbotirow, Judge. Action by the Farmers’ & Stockgrowers’ Bank against the Pahvant Yalley Land Company and others and Charles A. Welch and' others. From a judgment for plaintiff upon the pleadings, defendants Charles A. Welch and others appeal. APPELLANTS’ POINTS' “It is sufficient to prevent a judgment on the pleadings if the answer presented a single material issue. (25 Cyc. 769; 11 Eney.
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Appeal from District Court, Third District; Hon. F. C. Loofbotirow, Judge. Action by the Farmers’ & Stockgrowers’ Bank against the Pahvant Yalley Land Company and others and Charles A. Welch and' others. From a judgment for plaintiff upon the pleadings, defendants Charles A. Welch and others appeal. APPELLANTS’ POINTS' “It is sufficient to prevent a judgment on the pleadings if the answer presented a single material issue. (25 Cyc. 769; 11 Eney. PI. & Pr. 1032-1033; Widmer v. Martin, 87 Cal. 88, 25 Pae. 264; Martin v. Porter, 84 Cal. 476, 24 Pae. 109; Botto v. Vandament, 67 Cal. 332, 7 Pae.…
1Opinion of the CourtCorfman, J.
This was an action brought in the district court of Salt Lake County by the plaintiff on a promissory note against the defendant Pahvant Valley Land Company, a corporation, as maker, and the nineteen other defendants, as guarantors thereof. The complaint is in the usual form, alleging: Execution of the note on the part of the defendant Pahvant Valley Land Company, as maker, and the indorsement thereof by the other defendants guaranteeing payment and waiving notice and protest; that demand was made at maturity upon Pahvant Valley Land Company and the other defendants; that the note has not…
2Cases cited8 opinions
- Humphreys v. CraneCalifornia Supreme Court · 1855
- Divide Canal & Reservoir Co. v. TenneySupreme Court of Colorado · 1914
- Galloway v. BartholomewOregon Supreme Court · 1903
- Carter v. MoultonSupreme Court of Kansas · 1893
- Dunham v. TravisUtah Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stacey v. FritzlerOregon Supreme Court · 1938