Smith v. McEvoy
Utah Supreme Court
Appeal from a judgment of the district court of the third district. The opinion states the facts generally but the following summary of the abstract is given in this cause: The abstract in the case states the record as follows: The complaint alleged that on March 5, 1890, appellant McEvoy made his promissory note for 8300, payable to appellant Alma S. Kendall twelve months after date, with interest payable quarterly; that said McEvoy, to secure the payment thereof, executed…
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Appeal from a judgment of the district court of the third district. The opinion states the facts generally but the following summary of the abstract is given in this cause: The abstract in the case states the record as follows: The complaint alleged that on March 5, 1890, appellant McEvoy made his promissory note for 8300, payable to appellant Alma S. Kendall twelve months after date, with interest payable quarterly; that said McEvoy, to secure the payment thereof, executed the mortgage, exhibit “A,” attached to complaint; that the note and interest is due apd payable, and ■ said McEvoy and…
1Opinion of the Court
MINER, J.:.
This action was brought by J. W. Smith to foreclose a mortgage given by Thomas McEvoy to Alma S. Kendall. Kendall assigned the mortgage, and indorsed the note to. the plaintiff before maturity. The complaint alleges that due and legal notice of the -dishonor and non-payment of the note was given both defendants. To this complaint, both defendants filed their separate demurrers, on the ground that the complaint does not state facts sufficient, to constitute a cause of action. The defendant Kendall *60also asked the court to make an order requiring a separate statement of the causes of…
2Cases cited7 opinions
- Allen v. . PattersonNew York Court of Appeals · 1852
- Garner v. MarshallCalifornia Supreme Court · 1858
- Coddington v. . DavisNew York Court of Appeals · 1848
- Began v. O'ReillyCalifornia Supreme Court · 1867
- Lowell v. ParkinsonUtah Supreme Court · 1880
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