(DOWNLOAD) "Western States Thrift and Loan Company V." by Supreme Court Of Utah * Book PDF Kindle ePub Free

eBook details

Title: Western States Thrift and Loan Company V.
Author : Supreme Court Of Utah
Release Date : January 18, 1972
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

Plaintiff initiated this action to recover on a promissory note, which defendant, as maker, had executed and delivered to plaintiff, as payee. Defendant as an affirmative defense, pleaded that the obligation had been paid by means of a compromise and settlement by a third party, who had conveyed and delivered to plaintiff certain corporate stock. Plaintiff submitted certain interrogatories to defendant, which were duly answered. Thereafter the court granted plaintiffs motion to produce all cancelled checks, receipts, money orders, or other evidence of payments made by defendant to plaintiff as set forth in defendants answer to plaintiffs interrogatories. Approximately ten months later, defendant responded that after diligent search, he had been unable to locate any such papers. A few days later, plaintiff filed a motion for summary judgment, which was accompanied by an affidavit. Upon hearing, plaintiffs motion was granted, and plaintiff was awarded judgment. Defendants motion for a new trial was denied, and he appeals.