Legal Opinion

State Bank v. Burton-Gardner Co.

Utah Supreme Court

Decided March 18, 1897No. 731PublishedCited by 5 opinions

Appeal from the Third district court, Salt Lake county. Hon. John A. Street, Judge. Action by State Bank of Utah against the Burton-Gardner Company and others on a promissory note. From a judgment for plaintiff, defendant appeals.

1Opinion of the Court

Zand, C. J.:

This action was instituted on a promissory note bearing date May 4, 1893, given by the defendant the Burton-Gardner Company to the plaintiff for the payment of $12,000, 90 days after its date. There was a written guar*422anty on it, signed by defendants E. M. Weiler, William S. Burton, W. C. Burton, and O. H. Hardy. The note included tbe sum of $10,000, balance due on a matured note of defendant corporation, and $2,000 advanced by tlie plaintiff to the company. It appears that the plaintiff, before extending the time for the payment of the $10,000 due on the old note, and a credit of…

2Cases cited4 opinions

  1. Burke v. DulaneySupreme Court of the United States · 1894
  2. Ware v. AllenSupreme Court of the United States · 1888
  3. Pawling and Others v. The United StatesSupreme Court of the United States · 1808
  4. Gregg v. GroesbeckUtah Supreme Court · 1895

3Cited by5 opinions

  1. Galbraith v. Shores-Mueller Co.Court of Appeals of Kentucky · 1918
  2. McClintock v. AyersWyoming Supreme Court · 1927
  3. De Mattos v. JordanWashington Supreme Court · 1898
  4. Packaging Corp. of America v. MorrisUtah Supreme Court · 1977
  5. Farmers' & Stockgrowers' Bank v. Pahvant Valley Land Co.Utah Supreme Court · 1917

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