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COOPER v. HOLDER

No. 11097.

440 P.2d 15 (1968)

21 Utah 2d 40

Cleone B. COOPER, Executrix and First Security Bank of Utah, N.A., Administrator With Will Annexed of the Estate of Joe W. Cooper, Deceased, Plaintiffs and Respondents, v. Davis C. HOLDER, dba Holder Engineering Company, and City of Moab, a Municipal Corporation, Defendant and Appellant.

Supreme Court of Utah.

April 18, 1968.

Attorney(s) appearing for the Case

Robert H. Ruggeri, Moab, for appellant.

L. Robert Anderson, Monticello, for respondents.

CROCKETT, Chief Justice:

The defendant City of Moab here challenges a ruling of the District Court that service upon its mayor of notice of an assignment to Joe W. Cooper of money payable by the City to the assignor, defendant Davis C. Holder, constituted notice to the City and was binding upon it.

In January of 1961, Holder borrowed $50,000 from Cooper and in March of that year entered into a contract with Moab to perform certain engineering services in the...

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