MEYER v. DELUKE

No. 11426.

457 P.2d 966 (1969)

23 Utah 2d 74

Daniel H. MEYER, Plaintiff and Respondent, v. Louis C. DELUKE and Lucy Deluke, Defendants, Third-Party Plaintiffs and Appellants, v. DOUGLAS MORTGAGE COMPANY, Douglas B. Isaac, Bert D. Isaac, William N. Reeves, James R. Juflas, Jess J. Noble, Gus C. Rubino and First Security State Bank, Third-Party Defendants and Respondents.

Supreme Court of Utah.

August 4, 1969.


Attorney(s) appearing for the Case

Lorin N. Pace, Richards & Watkins, Salt Lake City, for respondents.

Robert O. Baldwin, Neslen & Mock, Salt Lake City, for respondent.


CALLISTER, Justice.

Plaintiff initiated, through a complaint and amended complaint, this action to recover judgment on three promissory notes executed by defendants. Two of the notes were usurious, and plaintiff sought judgment solely for the sum actually loaned and attorney's fees. Plaintiff pleaded for judgment according to the tenor of the third note, which was for the principal sum of $14,000 and interest at the rate of ten per cent per annum and for attorney...

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