Reports of Cases Decided in the Supreme Court of the State of Utah Volume 52

Reports of Cases Decided in the Supreme Court of the State of Utah Volume 52

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...checks against the company's funds on deposit in the bank, and that therefore the court erred in refusing to submit the case to the jury and by directing a verdict for the bank. A witness for plaintiff testified that he was with Mr. Peery "in the morning and afternoon" of February 7, 1907, in New York City, the day on which it is claimed on behalf of the bank that the resolution referred to was passed by the board of directors, and that Peery on that occasion was confined to his room; that "he contracted a cold, " ' " and was complaining of an acute pain in the back;" that he did not think Peery was confined to his bed. It is claimed that this evidence is in conflict with the evidence introduced on behalf of the bank respecting the adoption of the resolution mentioned. We do not think so. The witness testified that Joseph v. National Bank of Republic, 52 Utah 332 he was with Pecry "in the morning and afternoon"--how late in the afternoon he does not say. Plenty of time may have elapsed after the witness saw Mr. Pecry for the latter to attend the meeting and make his report respecting the employment of Jacobson, etc. The testimony, therefore, of this witness is not necessarily in conflict with that of the witnesses who testified that they were present at the meeting and that Pecry also was in attendance. Furthermore, Pecry was not a director of the company, and his presence was not absolutely essential in the adoption of the resolution. Numerous other alleged errors are assigned, but we do not deem any of them of sufiicient importance to warrant further discussion. ' The undisputed facts in this case absolutely preclude a recovery by plaintiff from the bank. If the cause had more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • United States
  • English
  • black & white illustrations
  • 1236891783
  • 9781236891785