McClure v. Little
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. M..L. Ritchie, Judge. Action by William H. McClure and others against James T. Little and Elias A. Smith. The Deseret Savings Bank intervened. From the judgment, plaintiffs appeal. If the alterations were fraudulently made, not only the notes, but the original debt for which they were given, are destroyed or wiped out.
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Appeal from the Third district court, Salt Lake county. M..L. Ritchie, Judge. Action by William H. McClure and others against James T. Little and Elias A. Smith. The Deseret Savings Bank intervened. From the judgment, plaintiffs appeal. If the alterations were fraudulently made, not only the notes, but the original debt for which they were given, are destroyed or wiped out. If innocently made, while the notes are hereby destroyed, resort may nevertheless be had, according to the prevailing opinions in this count-try, to an action upon the original indebtedness, if any ■existed. Draper v.…
1Opinion of the Court
MINER, J.:
Prior to 1890, defendant Smith and others owned Central Park, in Salt Lake, and sold it to one Andrews. In part payment, Smith took two notes for $20,000 each secured by mortgage on the property. Plaintiff McClure bought the property subject to the mortgage. Negotiations afterwards took place between Smith and McClure by which McClure agreed to give his notes, secured by trust deed on the property, to Smith, and take up the in-cumbrance. The notes and trust deed were drawn up and •delivered to McClure for him to take to Colorado for his wife’s signature. They were afterwards signed…
2Cases cited7 opinions
- Goodenow v. CurtisMichigan Supreme Court · 1876
- Boyd v. BrothersonNew York Supreme Court · 1833
- First National Bank v. CarsonMichigan Supreme Court · 1886
- Ryan v. First National BankIllinois Supreme Court · 1894
- Taylor v. AdairSupreme Court of Iowa · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brown v. Columbia Amusement Co.Montana Supreme Court · 1931
- West v. FrenchCourt of Appeals of Oregon · 1981
- Idaho St. Bank of Twin Falls, Ida. v. Hooper Sugar Co.Utah Supreme Court · 1929
- Brown v. United StatesCourt Of Appeals Of Indian Territory · 1899
- Casten v. KreipeSupreme Court of Kansas · 1928
2 more not listed; retrieve them via the Exa API.