NATIONAL FINANCE COMPANY OF PROVO v. DALEY

No. 9618.

14 Utah 2d 263 (1963)

382 P.2d 405

NATIONAL FINANCE COMPANY OF PROVO, PLAINTIFF AND RESPONDENT, v. DALLAS E. DALEY AND FLORA DALEY, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

May 28, 1963.


Attorney(s) appearing for the Case

William G. Fowler, Salt Lake City, for appellants.

E. Morgan Wixom, Ogden, for respondent.


McDONOUGH, Justice.

National Finance Company of Provo sued in this action on a prior judgment it had taken against the defendants in January, 1959, on a promissory note. In answer to plaintiff's complaint, defendants each pleaded discharge in bankruptcy in which the judgment had been regularly scheduled and proved. Plaintiff replied that in obtaining the loan for which the note was executed the defendants had committed fraud, and that the debt was thus not dischargeable...

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