Western Loan & Savings Co. v. Desky
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County— Hon. W. 0. Hall, Judge. Action to foreclose a mortgage. Erom a judgment in favor of the defendants, the plaintiff appealed.
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Appeal from the Third District Court, Salt Lake County— Hon. W. 0. Hall, Judge. Action to foreclose a mortgage. Erom a judgment in favor of the defendants, the plaintiff appealed. The court erred in permitting the defendant to go behind the settlement of 1898, and in admitting evidence of transactions prior to said settlement, for the reasons: 1. That at the time of the said settlement, June 28, 1898, the National Building and Loan Association had become insolvent and was in a failing condition and that its members, borrowing and non-borrowing alike, were required to bear the burdens of the…
1Opinion of the CourtBartch, J.
The appellant insists that the court erred in permitting the defendant to go behind the settlement of June 28, 1898, and admitting evidence of transactions prior thereto. This point refers to the indorsement by the respondent on the certificate issued to him by the National Building and Loan Association, representing fourteen shares of its common stock, which indorsement was signed by the respondent on June 28-, 1898, and states that for the consideration of the sum of $111.27, credited on his note, he releases all claims under the certificate, and surrenders the same, for cancellation. It is…
2Cases cited8 opinions
- Howells v. Pacific States Savings, Loan, & Building Co.Utah Supreme Court · 1900
- Sawtelle v. North American Savings, Loan & Building Co.Utah Supreme Court · 1897
- People's Building, Loan & Savings Ass'n v. FowbleUtah Supreme Court · 1898
- Snyder v. Fidelity Savings Ass'nUtah Supreme Court · 1901
- White v. Pacific States Savings Loan & Building Co.Utah Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Bell's EstateUtah Supreme Court · 1905