Petersen v. Swanson

2 Citing cases

  1. FIRST SAVINGS BANK OF OGDEN v. BROWN ET AL

    54 P.2d 237 (Utah 1936)   Cited 2 times

    Denials of such matters must be positive in form in order to raise an issue and put the plaintiff to his proof. Imlay v. Gubler, 77 Utah 547, 298 P. 383; Deseret Savings Bank v. Walker, 78 Utah 241, 2 P.2d 609; Kernin v. City of Coquille, 143 Or. 127, 21 P.2d 1078; State v. Hartmann, 330 Mo. 386, 51 S.W.2d 22; Petersen v. Swanson, 51 Idaho 49, 1 P.2d 630; Cockerham v. Potts, 143 Or. 80, 20 P.2d 423. It appears from the complaint that the assignment and transfer of the mortgage and note was a matter of public record.

  2. Independent Gas Etc. Co. v. T. B. Smith Co.

    51 Idaho 710 (Idaho 1932)   Cited 16 times
    In Independent Gas this Court's opinion dealt with distinctions between the principles of waiver and estoppel by approving and adopting Judge Robert M. Terrell's memorandum opinion denying a motion for a new trial.

    Under such circumstances, where there is sufficient evidence, if uncontradicted, to support such verdict, as in this case, this court will not disturb the verdict or the judgment based thereon. ( Petersen v. Swanson, 51 Idaho 49, 1 P.2d 630; Boomer v. Isley, 49 Idaho 666, 672, 290 P. 405, and cases therein cited.) Appellant is entitled to judgment for the item of $165.89, with interest, since no other defense was made thereto except the illegality and unenforceability of the contracts to which we have referred.