Garner v. Thomas

LARSON, Justice.

Respondent has filed a petition for a rehearing. Two points are urged wherein it is claimed the court was in error in its previous opinion, 94 Utah 287, 75 P. 2d 168. First. That the court failed to consider the right of plaintiff to recover against Clara L. Thomas on the debt even though the note be held void as to her. It is sufficient to. say that the only liability of Clara L. Thomas was on the note under both the pleadings and the evidence. Had she not signed the note, there would have existed no claim against her. She received nothing, was not a contracting party except…