Andrus v. Blazzard
Utah Supreme Court
Appeal from the Third District Court Salt Lake County.— Ron. Ogden Riles; Judge. Action on a promissory note in which, it was sought to bind one H. personally, H. having signed the note as general guardian for an incompetent. Erom a judgment holding that H. was not personally responsible and dismissing the complaint plaintiff appealed. A note executed by an administrator under an order of the probate court, which order is void, makes the administrator personally liable.
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Appeal from the Third District Court Salt Lake County.— Ron. Ogden Riles; Judge. Action on a promissory note in which, it was sought to bind one H. personally, H. having signed the note as general guardian for an incompetent. Erom a judgment holding that H. was not personally responsible and dismissing the complaint plaintiff appealed. A note executed by an administrator under an order of the probate court, which order is void, makes the administrator personally liable. He can not shield himself under a void order. When he undertakes to bind the estate and fails to do so for want of…
1Opinion of the CourtBaskin, J.
It appears that a promissory note, at the date thereof was made in the following manner and form to-wit:
“Salt Lake City, Utah, Aug. 19, 1893.
“Two years after date, we jointly and severally promise to pay Erank E. McG-urrin, or order, at McCornick and Co’s. Banking House in Salt Lake City, eleven hundred and fifty-four dollars, with interest thereon at the rate of eight per cent per annum, payable quarterly at the said bank, for value received. If the interest be not paid as stipulated the legal holder of this note may declare the principal due and proceed by law to recover both principal and…
2Cases cited27 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Martin v. ColeSupreme Court of the United States · 1881
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
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3Cited by22 opinions
- State v. KellerIdaho Supreme Court · 1902
- Wright v. AtwoodIdaho Supreme Court · 1921
- Ide v. . BrownNew York Court of Appeals · 1904
- Stockyards Nat. Bank of South Omaha v. BraggUtah Supreme Court · 1925
- Brisacher v. Tracy-Collins Trust Co.Court of Appeals for the Tenth Circuit · 1960
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