Durnell v. Sowden
Utah Supreme Court
Appeal from a judgment of the district court of tbe third district and from an order overruling a motion for a new trial. The complaint in this action alleged that on or about the 15th day of May A. D. 1885, defendant indorsed to plaintiff a certain promissory note in writing made by one A. Case, dated January 1st, A. D. 1884, that said note became due on January 1st, A. D. 1885, and was presented for payment on the 6th day of July, 1885, and payment refused.
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Appeal from a judgment of the district court of tbe third district and from an order overruling a motion for a new trial. The complaint in this action alleged that on or about the 15th day of May A. D. 1885, defendant indorsed to plaintiff a certain promissory note in writing made by one A. Case, dated January 1st, A. D. 1884, that said note became due on January 1st, A. D. 1885, and was presented for payment on the 6th day of July, 1885, and payment refused. Defendant upon the trial objected to the introduction of any evidence on the part of the plaintiff, because the complaint did not state…
1Opinion of the Court
Boreman, J.:
The respondent, Eliza Durnell, brought her action against the appellant, Joseph Sowden, upon a certain promissory note alleged to have been indorsed to her by him after maturity. Verdict and judgment were rendered against Sowden, and thereupon he appealed the case to this court.
1. It is alleged that the court erred in refusing to exclude all evidence under the complaint; that the .complaint did not state facts sufficient to constitute a cause of action, for that there was delay and negligence in presenting the note for payment, and no excuse therefor was stated. In regard to the…
2Cases cited7 opinions
- Moore v. United StatesSupreme Court of the United States · 1876
- Strother v. LucasSupreme Court of the United States · 1832
- Rogers v. RitterSupreme Court of the United States · 1871
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- Van Hoesen v. Van AlstyneNew York Supreme Court · 1829
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