OCR Text |
Show THE DAILY PAGE FOUR Roy SLC F. Clancy, 486 Ann St., to Mt. Fin. Co.; Chattel Mtg. R&D Engirineers, Dansie, George, Roberts, Box 58 Rivrtn , ut to Walker Bit. & Trust; AR, Contracts,. Chattel paper, general lntang biles t instruments and other rights. Juan and Lana Montoya, 120 E. 7500 S., Hidvale, to Walker Bk. & Trust; Refrig, & Freez- er. & DistribS. Center, uting, Inc.; Sandy, Ut 84070 to Tracy 10 Collins Bk. & raw Inventory, Dlvison Heating & Distrubut-in10 S. Center, Sandy, Ut 84070 to Tracy Bk. & Richard C. Darnell, 6340 Cobble Crest, SLC 84121 to Nationwide Fin. Corp. of Ut.; Cuye F. Menmott, 1133 S. 800 W., Woods, CroBS, Ut 84087 to Farmers St. Bk.; Stereo Furniture. Blvd., Krns, to Ben. Fin. of SLC; Sec. Agreement. Glen A. & Janette Hllderb-ran- t, E. 6670 S., SLC 84121 to Nationwide Fin. Corp of Ut; Furniture. 1637 Kent Kasten, 231 SLC George T. and Peggy Howarth, 1555 W. 8050 S. Lot 122, SLC to Easy Living Mobile Home; Remlgio Marion S and Mildred Simons, 1085 S. Orchard, Bntfl, Ut to Fid. Indus. Cred.; hhg. James B. & Charlene Dugger, 4339 W. 5570 S., Karns, Ut 84118 to Nationwide Fin. Corp of Ut.; Furniture. 2nd Doris Burton and Gerald, 469 8th Ave., SLC to Ford Motor Cred. Co.; Furniture. Pemborke Co.; Copy Machine. SLC Willie Wright, 161 E. 5th S., SLC to Gen. Cred. Co; hhg. Shirley 11, hhg. A. SLC Ohlsen, 246 Helm to Gen Cred. Co.; Linda Gordon, and Donald W. Gordon, 4577 W. 5055 S., Krns ut to Ford Motor Cred. Co.; con. gds. William E. and Barbara Ste- wart, 368 E. Wooklake Dr., SLC 84115 to Nationwide Fin. Corp of Ut.; hhg. Robert A. 10th E., Avoc Maragno, 8514 S. Sandy, Ut 84070 to Fin. Serv.; con. gds. Elbert E. brown, FO Box 8191, to Valley Bk. and Trust Co.; Typewriter. SLC Concorde Realtors, .2880 S. Main SLC 84115 to St., MFT unlisted. Inc., Sutle 111, Leasing; Jerri Hacienda Chemical Co., 6595 Highland Dr., SLC to A. H. Pemborke Co.; Dry Photo Copier. Naylene, Russell Eugene Snelson, DDS, 1955 S. 1300 E., Sutle L5, SLC 84105 to Zlons 1st Nat. bk.; Furniture and Fixtures. Russell Eugene Snelson, DDS, 1955 S. 1300 E., Suite L5, SLC 84105 to Zions 1st Nat. Equipment and machinery. to SLC Admlrial Indus. Cred. Co; hhg. David W. cV Jolene Coon, 1604 E. 1700 S., SLC to Fid. Indus. Cred. Co.; hhg. Richard L. & Karen Swanter, 4170 S. 400 W., Krns, Ut 84-1- Ut.; Livestock. Charles F. and Etta A. Enterprise, Home Twit-che- ll, Ut 84725 Admin.; W. and Vera Soffall, Flying G. Ranch, St. John, Ut to Cap. Fin. Serv.; hhg.1 Ernest M. and Marjorle Smith, 657 N. 5th W., Woods Cross, Ut 84087 to Dail Fin. Co. of Land. Bntfl; hhg. Electronic Systems, Inc., 444 S. 300 W., SLC to Rand Jack C. Rice, 5346 S. 4280 V., Kerns, Ut 84118 to Cap. Fin. Serv. ;Carrard base, cover, cart. Cox Cap; assets. Lament and 18 to Fid. Indus. Cred.; Chare la Olive 0. Blackham, M. Rasmus sen, dba inter-mounti- Moroni, Ut to Ut Farm Prod. Cred. Assoc; Restaurant Equip, Larry Greg B. Schaffer, 8315 S. 3527 W., W. Jordan, Ut 84065 to Valley Bk. and Trust Co.; Inventory and equipment. 360 V., an Don W. Dens ley, 446 E. Sandy, Ut 84070 Camper. Floyd Furniture. to Jordan S. M. Poultry, 501 N. 2700 W., SLC to The Hobart Manufacturing Co.; con. gds. David L. Burr, 1280 14600 Barbara Walker 5703 S. 4015 W., Krns, Ut 84118 to Cit Fin. Serv.; hhg. Wayne M. and George K. and 2138 Roberta, Serv; Camper. Memma Mons, SLC to Cit Fin. FILED L. M. Cummings, Clerk Defendant was a friend of Adam Lindgren, who died on March 20, 1970. Maggie Lindgren was'the wife of Adam, and at the time of his death she was an invalid being cared for in a nursing homf. Maggie requested her brother-in-la- w and the defendant to make ar ranjjpments for the funeral and burial of Adam. Maggie also requested the defen.i.nu to move into the family home which became vacant upon the death of Adam and to take care of the home and her dog. Between April 7, 1970, and September 18, 1970, Maggie turned over to the defendant the sum of $5. COO for the purpose of paying Maggie's care at the nursing home, to pay the costs of Adam's funeral and burial and also to pay the costs of medical care and hospitalization required by Maggie. In addition thereto the defendant paid miscellaneous bills incurred by Maggie and for the upkeep of the home. On April 1,'170, Maggie executed a power of attorney in favor of the defendant to enable him to take care of business matters on behalf of Maggie. During the time the defendant was managing Maggie's affairs he deposited the money received from her in a separate bank account on which he drew checks to pay the bills. At the trial of this case the defendant produced the returned checks drawn on the account mentioned and also produced a number of receipts for monies expended on Maggie's behalf. While the defendant was unable to furnish receipts or cancelled checks for all items, he nevertheless testified fully as to other payments made on Maggie's behalf. The record of the trial consists entirely of documentary evidence and the testimony of the defendant. At the conclusion of the trial the court found that the plaintiff was entitled to recover a bird cage and two razors which had been taken by the defendant. The court found that the diamond ring belonged to the defendant as a gift, and also found in favor of the defendant on the other issues raised by the pleadings. On appeal the plaintiff contends that the findings of the court are not supported by the evidence, and that the defendant had failed to prove that he had spent the money entrusted to him by Maggie Lindgren for her benefit and for her purposes. This court has long followed the rule in reviewing these matters that we do not disturb the findings of the trial court if they find substantial support in the evidence. The appellant here has failed to direct our attention to any error which would require a reversal. The decision of the court below is affirmed. The respondent is entitled to costs. Generator, 4530 S. SLC to Louis P. Camero Dr., Utah Mobile Homeowners Assoc., PO Box 352, Sandy, Ut 84070 to BFT Leasing Co.; Equip. James S. & June Brown, 1441 S 2nd E., SLC 84115 to 1st Sec. Bk. of Ut.; Tub. No. 13258 Robert B. Hansen 838 18 Ave. 84103 her care. Michael E. and Debbie Banks, St., Bank of Utah, The record indicates that shortly after the defendant undertook to assist Maggie, she gave him a diamond ring which he retained and was wearing at the time of trial. The evidence also shows that Maggie gave defendant the sum of $600 to assist him in paying delinquent taxes. On or about the first part of September 1970, the defendant, at Maggie's request, took her from the nursing home to her own home where he cared for her. The defendant did the shopping, took care of the home and yard, cooked the meals, and cared for the personal needs of Maggie including nursing care. A nurse was employed to take care of Mrs. Lindgren during the daytime and the defendant cared for her during the nighttime and on Saturdays, Sundays and holidays when he was not working. The defendant continued to care for Maggie for a period of approximately one year, after which he made arrangements for a woman to take over 1955 W. 3500 S., Grngr, UT 84109 to Metropolitan Fin. Co.; Chattel Mtg. 3790 McCall hhg. A Urquhart, 785 W. Ave., SLC 84101 to Ranch Self Serv.; This action was commenced by Maggie Lindgren, and after her death First Security Bank of Utah as administrator of her estate continued with these proceedings. In this matter the plaintiff seeks to recover a diamond ring of the value of $2, 000 and other items of personal property. The plaintiff also claims that the defendant wrongfully and fraudulently obtained various sums of money from Maggie Lindgren which he has failed to account for or to return to the plaintiff. Genco Mfg. & Distributing Co., 1515 Major St., SLC 84115 to A. H. Pemborke Co.; Copier, ; Paston the Exhibit Shipping Planner, 247 W. 1400 S., SLC to A. H. Bk. Gordon G. SLC Twon Ut 84010 to Snowmobile, St.' Bk.; Kearns Bldg. 84101 Eden, 55 Ut 84047 & St., Bntfl, TUCKETT. Justice: to Inter lake Thrift; con. gds. Steven S. Dalton, Equip. Co.; Tractor. Allen Walton, 1520 8. Main Al Defendant and Respondent. Counsel t Jack L. Schofdhals hhg. Edward Jay Kelly, 150 S. 100 V., Midway, Ut 84049 to Heber City, 1st Sec. Bk. of to Farmers & Melburn Mortensen, 1054 E. 7200 S., SLC 84114 to A. & H. Farmers Frank Springman, Blaine Ave. , SLC 84105 to Mur 1st Thrift & Loan Co.; con. Ave., hidvale, j nderblrd Dr., SLC to Union Pacific Mech. Emp.;. Organ. February 19, 1974 Robert 0. Skameter, 928 Donald G. and Mary Helen Montoya, 3301 Meadwo Wood Way, Kerns, Ut 84118 to Avco Fin. Serv.; con and hhg. Loan Ford, 1885 E. Villiage Rd. to. Valley .ix. and Turst Co.; Washer and Dryer. Trust; v. rrison ikve., SLC 84115 to Rick Warner Ford; Camper. Joseph C. A Charles R. Hamilton, 2775 Thui In The Supreme Court Of The Slate Of Utah Ha- 370 Martiees, Co.; hhg. 400 N. , Counsel: Co.; Tractor. Jr., to Mur. 1st Thrift Plaintiff and Appellant, Fin. Serv.; con, gd. Fin. Cred. to Walker First Security Gary L. Geen, 561 W. 5735 S., Mur., Ut 84107 to Gen. Serv. Harvard, 84103 W. Furniture. Andrew Hoffman, 1360 Lane, Ho 11a day, Ut 84117 to Avco W. William L. Keller, 780 E. Ponderosa Dr., Sandy, Ut 84071 Hagg- ard, 5078 P leper gds . 1931 S. 1100 E, to Corp; Snowmachines. W. other Fan Equip. Ut Components . Merrill Dennis R. and Vlckl g, Trust; unlisted C. Dean Cox, 11203 S. 1700 E., Sandy,. Ut84070 to Gen. Serv. Co.; Wlndrower and Ronald C. and Denlce Adamson, 300 W. 200 N., Woodscross, Ut to Gen. Fin. Corp; hhg. 1060 Euclid Ave., SLC to Easy Living Mobile; Range and Refirg. n-,- Collins Cred, Plan, In.c; hhg. Robert and Claudia Shunk, Trust; AR, materials. THURSDAY, FEBRUARY 21, 1974 Financing Statements Michael R. and Diane Hopkins, 358 W. 700 N. , SLC to Gen. Fin. Corp; hhg. Range, Refrig, Air Condit. Division Heating RECORD W. WE CONCUR: E. R. Callister, Jr., Chief Justice S., Rivrtn, Ut 84065 to Utah Copper Employees; con. gds.' Suazo, Box 7084, SLC to Mur., 1st Thrift & Loan Co.; A. H. Ellett, Justice Donald D. Becker t, 1155 S. 400 E., Bntfl., to Zlons 1st Mac. Bk.; Camper. J. Dan unlisted. James H. Clark S. 300 V., SLC & to Son, 1870 BMF Inc.; Calculator. Leasing herein. Henriod, Justice, having disqualified himself, does not participate 1. Clarence L.Jones, 500 N., SLC 84116 to 1602 W. Comm. Allan Crockett, Justice Co., Fleming v. Fleming-Fe- lt Hackett, 11 Utah 2d 389, 360 P. 2d P. 2d 290. Utah 2d 293,. 323 P. 2d 712; Charlton v. 176; DeVas v. Noble, 13 Utah 2d 133, 369 7 |