Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-06-14
SUPREME COURT.
An Interesting Opinion Handed DOVE
by the Judges This Morning.
Aud Concerns tho Building 81 School
House Therein Assigned Note.
Il Real Estate Contract, Eic.


The committee appointed by the
court to examine into the legal quail.
iicailons Of MIR. ID. w. Stafford, on his
application to be admitted 10 practice
IA this court, now reported saiisfactori.
ly, aud his admission was granted.
The examining committee are Judge
Sutherland, Attorneys J.. b. Criich.
low and Ogden hiles.
Az ASSIGNED NorE AND MORTGAGE.
Judge Barich delivered the opinion
In the case Of Archie &. Fisk, appel.
lani, Va Sidney 81 VEINS ct al, respond.
ents, from the Fourth distric;.
TIE nuit was brought In the lower
court by Joseph Clark as assignee Of a
note and mortgage executed by
w. II. swan and wife IN favor
OF w. Il. II. stowell 10 fore.
close the same, and the appellant anu re-
spondenls were made defendants. The
respondents defendants below filed
oross.oomplaints aud asked Tor a sale OF
the morIgaged property anJ that Fisk
he decreed 10 pay whatever deficiency
might remain after an Application Of
the proceeds in pay ment ~ the note.
Judgment was entered accodingly,and
thereupOn Fitk appealed 10 this court,
assigning numerous error, bus the
only one which their honOrs deemed IL
necessary to consider was whether the
decree was against the law ana the evil
deucc.
The court now, after reviewing the
facts, found there was no material
error Ia the rulings Of tue Trial court
and affirmed the Judgment. Chief
Justice Zane conourred.
A CASE PROM OGDEN.
The opinion In the case Of j. II.
| Myers, appellant, Va l.. h. Adams ct
nj, respondents, was rendered by Judge
| Smith.
1t was an action begun by
plaintiff M tho Hsslguee OF the
pnyee OF certain checks Issued by
| one John Hedderman drawn on the
Utah National Bank. Defendants the
board OF education OF OgIen CITY,
were during the spring anu summer OF
| 1892 engaged In erecting o school
building there, MUsars Car suA Gala
nan being tue Orlgiunl contractors.
| This defendant HeddeTmau was n
tub.cOntractor Of the flrst degree under
Carr and Callahan, aud the assignees
OF the plaintiff were workmen en-.
ployed by Hedderman ON the pfemises.
| Adams was a member OF the board OF
education ami also cashier, manager
anu large stakeholder IN ths Utah
National Bank. IL wa, alleged that,
under their contract, Carr and Gala.
han, from tho beginning Of their
undertaking, regularly every two
weeks received an estimate from the
nrchitect In charge Of the building for
work done during the preceding two
week.; and IL was further alleged that
the board OF education pAid 50 per
cent OF this estimate TO Carr
aud Callahan, and that they
regularly paid To Hvddermsn
SO per cont OF tho value OF work done
under hiF suit. contract during the pro.
ceding two wteks; that HeddeTmAn,
on receipt OF this payment, esch time
| deposited 1t In the Utah National
Bank and then drew checks on the
bank 10 pay his employees the several
amounts due them; that these checks
weTo regularly paid on presentation;
that this courle OF dealing continued
from some time along In the spring OF
1892 up to September Brd, 1892, on
which last named date Heddermau
| deposited his money and drew checks
Ms usual, TO the amount OF S87b.s5 In
| the aggTegnte-twelve checks In all;
that plaintiff presented this checks at
the bank for payment ON the next
business day. Adams, as cashier Of
the bank, refused TO honor any
part Of them, giving M a reason
that HeddermRn had assigned his
contract ~ the bank, aud that the
bank had appropriated the money
paid thereon as Its own. Ii was also
alleged that none OF tho checks or
/ claims had been paid, that the assign.
ment OF HeddermAn 10 the bguk was
without the knowledge Of plaintiff and
his assiguors, that HeddermAn was
insolvent, And that Carr anu Callahan
| held In their y session the contract
between themselves and Hedderman.
The prayer WAS for an accounting
between Carr anu Callahan ana He'd
derman, aud that the money paid
| into III ebank by HeddermAn be declared
a trust fund for the payment OF the
checks assigned " plaintiff. The
board OF education demurred 10 this
complaint for want OF facts sum Client
| TO constitute cause OF action. De-
Pendants l.. h. Adams anu the Utah
National bank filed like demurrers.
Both were sustained, the seton was
dismissed, aud now the plaintiffs ap-
pealed TO this court.
Their honoTs held II to DO evident
that when the board OF education paid
TO Carr and Callahan the nmOuut due
under their estimate, that body had
nothing further to do In the premises
and owed no further duty TO any per.
son ia connection with this money.
Carr and Callahan could do as they
pleased with II; II was their own, aud
their obligation 10 pay He iderman
was legal one for which they were
personally bound; but they held no
money In trusilto pay him. When He'd
dernan received the money, the same
was true VI him aA OF Carr and Gal.
lahan. The money was his 10 do as he
pleased with, and he paid IL to the
bank instead OF his employers. Atten-
ton had been called by counsel for the
appellant to his claim that no lien was
allowed by our statutes to laborers on
public buildings such as the school
house In question; but the court failed
10 see what relation this had to the
matter under consideration. II the
workmen ON public buildings were do.