The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-06-13
THREE OPINIONS
Of SUPREME COURT
Justice Frick Writes Them. and
His Associates on the
Bench Concur.
RULE IS LAID DOWN FOR
NEGOTIABLE INSTRUMENTS
Important Question Is Involved
in Case From Park
City.

Three opinions; all written By Justice
Frick and coucurred in by his associ-
ates, were handed down by the suprems
court Saturday. The opinions were in
the following eases:
W. s. Mccormick, doing business as
Mccormick & Co., against J. NJ. Swcm
and o, III. Some, appellants
Park City Meat company and Robert
W. Gillespie. appellants, against the
Comstock Silver Mining company, the
California Mining and Milling company
and r. a, Mccormick
Selma Nixon Boucofslli and others
appellants, against Esther Cohen Jacob
| sen.
in The first two eases the Judgment
of the lower court was affirmed. In
the latter case, the opinion was merely
a modification Of the court s views ex.
| pressed upon former petition for n
rehearing 10 permit the entering Of a
personal judgment against Mrs. Jacob.
sen on Il note.
In handing down an opinion in the
first case, the supreme court laws down
the rule for negotiable instruments.
such As pronussory notes, in which at
torney fees for collection arc not speci-
| utN. IOUllSSDJN nDLFS are ncGOG13bIe
even if the attorney fees are not speci-
| fed. The court says
The suit was 10 recover S5O3.l3, with
attorney fees, on promissory note for
| SlI67 executed by Sven and Some to
the Northern Light Mining and Milling
company September !, 1904, al 10 per
cent annual interest, due IN four
months. and transferred before matur-
| ity TO the bank In Judge Morses
4 - e . 4. I.-L,- - Al
bank got Judgment, and Sven and
Some appealed. largely on the ground
that the note was not transferable, for
the reason that the blank for attorney
fees for collection had not been filed
out. The supreme court, IN sustaining
the judgment OF the trial court, lays
down the rule that since the adoption
by large number OF states. Including
Utah, OF the negotiable instruments
law, the rule has become almost uni
form that the provision in promissory
note that the maker thereof will pay
reasonable amount as attorney fees for
collection whether with or without
suit, does not affect the certainty or
negotiahility of the instrument.
Main Question Involved.
One Of the main questions involved
in he Park City suit was as TO whether
licnor acquires rights TO lands and
buildings situated thereon, and machin-
cry contained therein. upon which he
does not specifically claim a lien, and
none of which is referred to in the
land. buildings and machinery are ap.
purtenances of the lands and premises
as actually described. The supreme
court holds in the negative.
On September 10. 1905, under de-
cree of foreclosure in the United States
circuit court, the Comstock Mining
company>s property was sold to the
Mine and Smeiter Supply company, to
satisfy a Judgment for Sl2,l55.74, but
two pieces Of ground. one 245xj0 feet
and the other 24jxlo0 feet, used for
dumping purposes, shaft, shafthouse
aud hoisting works in connection with
the White Hawk claim, included in the
sheriff's sale, were not described or
included in the deed. On February
10, 1906, the meat company and titles.
pie obtained separate Judgments
but the execution based on
the Judgment was returned unsatlsned,
with tho report that the Comstock
owned no property to levy on.
Contcnding that as tho two pieces OF
property were not named in the con-
veyauce to the Nine and Smelter sup
ply company they still belonged to the
Comstock, the meat company ana uh-
lespio brought suit TO enforce the
iud gments on this ground, The Com.
stock demurrcd and the district court
Of Summit county sustained the de,
murrer. The plaintiffs elected to stand
upon the complaint unamended; and
the suit was dismissed. The plaintiffs
appealed to the supreme court, which
holds that they had failed to speclfical,,
ly set up their claim for lien and
also that the two pieces of ground were
so close to the mine and claim that
they were part thereof, and did not
need TO be set out IN the deed to the
Mine and Smelter company to be coz
veyed.