Young v. Godbe
Supreme Court of the United States
In error to the Supreme Court of the Territory of Utah. Godbe filed a complaint in the court below against Brigham Young, “as trustee in trust of the Church of Jesus Christ, a religious association in the Territory of Utah,” alleging an account stated by “said defendant” prior to February 12th, 1866, and upon such statement a balance of $10,020 “ due from said defendant;” a payment of $5000, May 30th, 1868, and praying judgment with interest at 10 per cent.
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In error to the Supreme Court of the Territory of Utah. Godbe filed a complaint in the court below against Brigham Young, “as trustee in trust of the Church of Jesus Christ, a religious association in the Territory of Utah,” alleging an account stated by “said defendant” prior to February 12th, 1866, and upon such statement a balance of $10,020 “ due from said defendant;” a payment of $5000, May 30th, 1868, and praying judgment with interest at 10 per cent. “ by way of damages.” The defendant demurred, assigning for cause that it did not sufficiently appear from the complaint whether the suit…
1Opinion of the CourtJustice Davis
The testimony of Armstrong, the bookkeeper of Kimball & Lawrence, was objected to by the defendant for the reason that it was not in rebuttal, and therefore illegal, but the court overruled the objection and permitted the testimony to go to the jury for what it was worth.
We are not prepared to say that Godbe could not rebut the case made by Young by showing that the affairs of the company were so connected with the church that, as one of the witnesses said, “ he did not know the difference between them.” But the evidence on this subject should not have been the declaration by One person of…
2Cited by52 opinions
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- James Turner, and Cross-Appellee v. Japan Lines, Ltd., and Philippine President Lines Inc., Manila, and Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1983
- Hicks v. GuinnessSupreme Court of the United States · 1925
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