First National Bank of Winslow, a Corp. v. Osborne, Civil 3038
| Court | Supreme Court of Arizona |
| Writing for the Court | LOCKWOOD, J. |
| Citation | 39 Ariz. 107,4 P.2d 384 |
| Parties | THE FIRST NATIONAL BANK OF WINSLOW, a Corporation, Appellant, v. CHARLES OSBORNE and EMMA OSBORNE, His Wife, Appellees |
| Docket Number | Civil 3038 |
| Decision Date | 04 November 1931 |
4 P.2d 384
39 Ariz. 107
THE FIRST NATIONAL BANK OF WINSLOW, a Corporation, Appellant,
v.
CHARLES OSBORNE and EMMA OSBORNE, His Wife, Appellees
Civil No. 3038
Supreme Court of Arizona
November 4, 1931
APPEAL from a judgment of the Superior Court of the County of Navajo. W. S. Norviel, Judge. Judgment affirmed.
Mr. C. H. Jordan and Mr. C. D. McCauley, for Appellant.
Mr. W. E. Ferguson, for Appellees.
OPINION
[39 Ariz. 108] LOCKWOOD, J.
First National Bank of Winslow, a corporation, hereinafter called plaintiff, brought suit against Charles Osborne and Emma Osborne, his wife, hereinafter called defendants, on a promissory note in the sum of $500, executed by defendant Charles Osborne in favor of plaintiff, and for interest alleged to be due on certain other notes similarly executed. [4 P.2d 385] The case was tried before the court sitting without a jury, and judgment was rendered in favor of defendants, and the matter is now before us for review.
There are nine specific assignments of error, but we consider the case upon the legal propositions involved therein. The evidence, considered in its most favorable aspect in favor of defendants, as we must consider it under the oft-repeated rule of this court, shows the facts to be as follows:
Some time before the year 1927 John Williams was the owner of certain real estate upon which plaintiff held a second mortgage. The first mortgage was foreclosed, and R.C. Kaufman, who was during all the times involved in this action, president of plaintiff bank, bought the property in at the sale, taking title in his own name, to protect the bank's second mortgage. Thereafter Kaufman told Williams that [39 Ariz. 109] if he would pay the debt to the bank, the property would be resold to him. Williams gave the bank certain notes, and upon payment thereof was to receive title to the land from Kaufman. Williams was working for Osborne, and the latter signed one of the notes as surety. For some reason Williams was unable to pay off the indebtedness, and gave up his contract to repurchase. Kaufman then offered to Osborne that if the latter would enter into a contract for the purchase of the land for $1,500 and pay some $469, the balance of the Williams indebtedness, plaintiff would release Osborne from further liability on the note guaranteed by him. Osborne paid the $469, and the contract for the purchase of the real estate was duly made between himself and Kaufman, Osborne executing in favor of...
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DeSantis v. Dixon, No. 4973
...trail court's inference drawn from examining the document was reasonable and we must accept that inference. First Nat. Bank v. Osborne, 39 Ariz. 107, 4 P.2d 384; Kenton v. Wood, 56 Ariz. 325, 107 P.2d The third assignment of error is concerned with whether the trial court erred in finding t......
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Borrow v. El Dorado Lodge, No. 5507
...ultimate facts may be drawn from evidentiary facts, we must accept the inference drawn by the jury. First Nat. Bank of Winslow v. Osborne, 39 Ariz. 107, 4 P.2d 384; Daily Mines Co. v. Control Mines, Inc., 59 Ariz. 138, 124 P.2d 324; Witt Ice & Gas Co. v. Bedway, 72 Ariz. 152, 231 P.2d I......
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Kenton v. Wood, Civil 4195
...will not be disturbed by this court. Garden Development Co. v. Warren Ranch, 35 Ariz. 254, 276 P. 839; First National Bank v. Osborne, 39 Ariz. 107, 4 P.2d 384; Collins v. Collins, 46 Ariz. 485, 52 P.2d 1169. Further than that, so far as this particular point is concerned, we think the cros......
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Daily Mines Company, a Corp. v. Control Mines, Inc., Civil 4468
...ultimate facts may be drawn from evidentiary facts, we must accept the inference drawn by the trial court. First National Bank v. Osborne, 39 Ariz. 107, 4 P.2d 384. In September, 1939, plaintiff leased certain mining properties to one R. A. Burney. This lease contained, among other things, ......
-
DeSantis v. Dixon, No. 4973
...trail court's inference drawn from examining the document was reasonable and we must accept that inference. First Nat. Bank v. Osborne, 39 Ariz. 107, 4 P.2d 384; Kenton v. Wood, 56 Ariz. 325, 107 P.2d The third assignment of error is concerned with whether the trial court erred in finding t......
-
Borrow v. El Dorado Lodge, No. 5507
...ultimate facts may be drawn from evidentiary facts, we must accept the inference drawn by the jury. First Nat. Bank of Winslow v. Osborne, 39 Ariz. 107, 4 P.2d 384; Daily Mines Co. v. Control Mines, Inc., 59 Ariz. 138, 124 P.2d 324; Witt Ice & Gas Co. v. Bedway, 72 Ariz. 152, 231 P.2d I......
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Kenton v. Wood, Civil 4195
...will not be disturbed by this court. Garden Development Co. v. Warren Ranch, 35 Ariz. 254, 276 P. 839; First National Bank v. Osborne, 39 Ariz. 107, 4 P.2d 384; Collins v. Collins, 46 Ariz. 485, 52 P.2d 1169. Further than that, so far as this particular point is concerned, we think the cros......
-
Daily Mines Company, a Corp. v. Control Mines, Inc., Civil 4468
...ultimate facts may be drawn from evidentiary facts, we must accept the inference drawn by the trial court. First National Bank v. Osborne, 39 Ariz. 107, 4 P.2d 384. In September, 1939, plaintiff leased certain mining properties to one R. A. Burney. This lease contained, among other things, ......