(DOWNLOAD) "Great American Indemnity Co. v. Berryessa" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Great American Indemnity Co. v. Berryessa
- Author : Supreme Court Of Utah
- Release Date : January 23, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
WADE, Justice. The Great American Indemnity Company, appellant herein, brought this suit against Frank Berryessa and W. S.
Berryessa, the obligors on a joint promissory note. Frank Berryessa was not served with summons and did not participate in
the trial. W. S. Berryessa pleaded as defenses duress and lack of consideration and also counterclaimed for the return of
$1,500 paid by him and the cancellation of a personal check given by him and not cashed at time of suit. This appeal is from
a jury verdict and judgment thereon in favor of respondent W. S. Berryessa. Viewing the evidence in the light most favorable to respondent, as we must, the jury having found in his favor, it discloses
that Frank Berryessa, a son of W. S. Berryessa, misappropriated some funds of his employer, the Eccles Hotel Company, which
operates the Ben Lomond Hotel in Ogden, Utah. When the father first learned of this, it was thought that the sum involved
was approximately $2,000 and he agreed to repay this amount if the bonding company would not be notified and no publicity
given to the matter, and gave the hotel his promissory note for $2,186 to cover the shortage. Before this note became due,
it was discovered that the shortage would probably be over $6,000 and therefore the manager of the hotel called W. S. Berryessa
in for a conference. W. S. Berryessa knew he couldn't pay this larger sum and it was decided that the bonding company, the
appellant herein, should be advised of the shortages. The hotel didn't try to collect the note for $2,186 after the bonding
company was notified apparently expecting that company to reimburse the hotel for the entire shortage discovered. After the
bonding company was notified, its agent had several conferences with the Berryessa and the hotel management in which there
was ascertained that the total shortage amounted to $6,865.28 and Frank Berryessa signed a statement that he had misappropriated
that amount. Frank Berryessa had stated that he had given a brother-in-law some of the money he had embezzled and it was suggested
that he sign a note along with the Berryessas. The brother-in-law did not sign the note and at a further meeting of the Berryessas
with the agent W. S. Berryessa indicated that he did not think his son Frank would be able to make the payments of $250 quarterly
suggested and that he was sure that he personally would not be able to do so and therefore did not want to sign the note.
Mr. Berryessa then testified, although this was denied by the agent, that the agent thereupon swore, pounded his fists on
his desk, and told him, 'You can't come here and tell me what you will do.' and then told them that if W. S. Berryessa would
pay $2,000 in cash and sign a note with Frank Berryessa for $4,865.20, payable at the rate of $50 a month, that Frank would
not be prosecuted but that if he did not sign Frank would have to be prosecuted. Thereupon, W. S. Berryessa agreed to do this
and a couple of days later signed the note sued upon herein and about a month later, having secured a loan by mortgaging his
home, gave the agent a cashier's check in the amount of $1,500 and a personal check in the amount of $500 as payment for the
$2,000 cash agreed upon. Mr. Berryessa asked the agent not to cash the $500 check for about a month until he could get some
more funds to pay it. This is the check which was never presented for payment by the appellant.
 "Great American Indemnity Co. v. Berryessa" by Supreme Court Of Utah # eBook PDF Kindle ePub Free){kind=link}