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Report of Cases Decided in the Supreme Court of the State of Utah Volume 39

Report of Cases Decided in the Supreme Court of the State of Utah Volume 39


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...Arima and Armoura. As we have already shown, respondent was sued by the name of Frank Armoura, and the judgment ' was entered against him by that name. The-bankruptcy proceedings were, however, commenced and conducted in the name of Frank Arima, which was respondent s correct name. It is contended, therefore, that appellants were not required to pay any attention to bankruptcy proceedings wherein Arima was adjudged a bankrupt, because their claim was not against Arima, but against Armoura, and that Armoura and Arima are not idem somzns. The difficulty with this contention is that there is not a word of testimony that Arima ever was known by the name of Armoura, or that if he was that appellants ever dealt with him under the latter name. For aught that appears, appellants dealt with respondent under his name and the misnomer occurred, as the respondent says it did, in the justice s court of Murray. The question of idem sonans is therefore not involved, nor is the question of whether the claim was properly scheduled involved. In scheduling the claim, respondent did all that the bankruptcy act required him to do, and having done so he is entitled to be released from the claim in question. In all of the cases cited by appellants counsel, the mistake in scheduling was made in either the names or the addresses of the creditors. The mistakes in those cases were made by the bankrupts, and where such is the case the bankrupt, and not the creditor whose name is incorrectly given, must bear the consequences. In the case at bar, however, the bankrupt gave the name and address of appellants correctly and scheduled the claim in conformity with the requirements of the bankruptcy act. If some one, therefore, applied to respondent a...


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Product Details
  • ISBN-13: 9781234178314
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 228
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1234178311
  • Publisher Date: 15 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 413 gr


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