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JAEGER AND BRANCH, INC. v. PAPPAS

No. 10885.

20 Utah 2d 100 (1967)

433 P.2d 605

JAEGER AND BRANCH, INC., A CORPORATION, PLAINTIFF AND RESPONDENT, v. JIM PAPPAS DBA JIM PAPPAS CONSTRUCTION COMPANY, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

November 9, 1967.

Attorney(s) appearing for the Case

Richards, Bird, Hart & Kump, M. Byron Fisher, Salt Lake City, for appellant.

Ray, Quinney & Nebeker, Don B. Allen, Salt Lake City, Louis A. Lipofsky, Beverly Hills, Cal., for respondent.

CROCKETT, Chief Justice:

Plaintiff Jaeger and Branch, Inc., claiming to be a holder in due course, sued to recover on a $6,500 bank check, payment on which had been stopped by its maker, defendant, Jim Pappas. It is not disputed that the introduction of the check, admittedly executed and issued by the defendant, made a prima facie case of its genuineness and that the plaintiff was a holder in due course. Consequently the burden of establishing his defense to the contrary...

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