H. B. Claflin Co. v. Simon
Utah Supreme Court
Appeal from tbe Third District Court Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff against defendants in attachment, to recover upon ten separate and distinct causes of action, some due and some not due. Defendants demurred separately to each cause of action, on the ground that the same did not state facts sufficient to constitute a cause of action. The demurrer was sustained and plaintiff refused to amend. Judgment was entered for defendants.
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Appeal from tbe Third District Court Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff against defendants in attachment, to recover upon ten separate and distinct causes of action, some due and some not due. Defendants demurred separately to each cause of action, on the ground that the same did not state facts sufficient to constitute a cause of action. The demurrer was sustained and plaintiff refused to amend. Judgment was entered for defendants. From this judgment plaintiff appealed. Where it is alleged that a note was made, executed and delivered to plaintiff (as in our…
1Opinion of the CourtMiner, J.
This action was brought to recover upon ten separate and distinct causes of action set forth in the complaint. The first four causes of action are based upon promissory notes due at the time the cause of action was commenced; the five following causes of action are based upon notes not due at the time the action was begun, and the last cause of action was for goods sold and delivered for an agreed amount, part of which was due and part not due when the action was commenced. Each of the causes of *157action based upon a note or demand not yet due alleges: “This action is commenced and maintained…
2Cases cited6 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Bohall v. DillerCalifornia Supreme Court · 1871
- Kinder v. MacyCalifornia Supreme Court · 1857
- Pehrson v. hewittCalifornia Supreme Court · 1889
- Buckingham v. WatersCalifornia Supreme Court · 1859
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