Utah Savings & Trust Co. v. Bamberger
Utah Supreme Court
Appeal from District Court, Salt Lake County; M. L. Ritcbie, Judge. Action by the Utah Savings & Trust Company, as administrator with the will annexed of the estate of James E. Woodman deceased, against Simon Bamberger. Erom a judgment for defendant, plaintiff appeals. APPELLANT'S POINTS.
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Appeal from District Court, Salt Lake County; M. L. Ritcbie, Judge. Action by the Utah Savings & Trust Company, as administrator with the will annexed of the estate of James E. Woodman deceased, against Simon Bamberger. Erom a judgment for defendant, plaintiff appeals. APPELLANT'S POINTS. The opinion of the Supreme Court upon the first appeal is the law of this case and should have been followed by the district court upon the second trial, and is binding on this court on this appeal. The reversal and the remanding of the case by the Supreme Court with direction to the court below to grant a…
1Opinion of the CourtSteaup, J.
This is an action brought by appellant against the respondent on a promissory note made and delivered by the respondent to J ames 3?. Woodman, appellant’s intestate. The principal defense alleged in the answer is that in consideration of the respondent paying, or causing to be paid, certain notes and certain undertakings in condemnation 'proceedings jointly executed by Woodman and the respondent as sureties, the note sued on was canceled and surrendered. A trial before the court and a jury resulted in a verdict and a judgment in favor of the respondent. The case was. before us on a former…
Also in this document: Concurrence.
2Cases cited1 opinion
- Utah Saving & Trust Co. v. BambergerUtah Supreme Court · 1905