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COMMONWEALTH NATIONAL BANK v. KENNEDY COMPANY

No. 12786.

505 P.2d 298 (1973)

29 Utah 2d 83

COMMONWEALTH NATIONAL BANK, Plaintiff, v. KENNEDY COMPANY et al., Defendants. The KENNEDY COMPANY et al., Cross-Complainants and Appellants, v. COMMONWEALTH NATIONAL BANK et al., Cross-Defendants and Respondents.

Supreme Court of Utah.

January 4, 1973.

Attorney(s) appearing for the Case

Merrill K. Davis and Weston L. Bayles, Salt Lake City, Sidney DeGoff, San Francisco, Cal., for appellants.

Albert J. Colton and Kent S. Lewis, of Fabian & Clendenin, Salt Lake City, for respondents.

ELLETT, Justice.

The Commonwealth National Bank as plaintiff sued the Kennedy Company and the partners thereof on a promissory note. Judgment was confessed except as to the amount of attorney's fees. The Kennedys counterclaimed because of the dishonor of a draft which they had issued and also because of a claimed wrongful garnishment.

After the action was commenced to recover on the note, the plaintiff on August 8, 1969, caused the clerk of the district court...

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