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Show VALIDITY OF NOTE QUESTIONED Tudav's Salt Uke Cil) Tnbuntl sa)a a suirewe court decision is to bo I ought in the case of the First Nn tionnl bank of Pnee again?" Henry, C. Parker .r Wollsville in n suit lrt recover on n pnuulssor.v note for K5700, just decnled ngn-rst plaintiff b.v direct verdict in Judge W. H. Ilraiue!' division of the Third District Dis-trict court. According to Attorney Waldemar Q. Van Colt of the law firm of Van Colt, litter A. Parn worth, counsel for the hank, n trans rript of tho evidence in the case has been nuked prcwrator) to the filing of n bill of exception ns the bast for appeal The suit is expected to establish estab-lish whether n foreign rorornlioii, which has not complied with tho re quirements of the law for doing liusi iicmi in Utnh can recover from debtors within the state by legal process. The note of the present nction was first given b.v the defendant lo tho Utah National Underwriter' cor isirntion and was acquired b.v I ho bank through negotiation, the bank bringing suit as an innocent pur dinner As counsel for Parker, At tome) lien K. Crow of the law tlrsi of llownt, Marshall, MacMillan & Crow, contended that the note wns void and tincoilectahlo under tho statute requiring that a foreign cor-ixiration, cor-ixiration, before it can do InuinoM Icgnll) in Utah, must file with tho sccretan of stale, and the derk of the count) in which it seeks to operate, copies of its article of incorNiral!oii, b)laws, and of the resolution ipolht-ing ipolht-ing it process ntturncy or ngsnl against wihiiii sen lee might be had In the state court. An Arizona Corporation. The evidence, consisting of admissions admis-sions on the tmrt of the officers of the Utah National Underwriters' cnrHiration, established Jlmt through the officers and directorate are most of them Salt I,ako Clt) men, the com- Iain) is an Ariaona conamttiott and mil lHJt qualified to do business in (hub. tfism ' lids howlnff. dttrVl" Hramel granted the motion of coiuim-I for Parker for an Inslruetwl verdict, holding with counsel that the note was void Originall) a note for the amount in question was given b.v Parker in mrt imvment for stmk in the Utah National Underwriters eorHirslion, umiii which slmk pur chase a cash imymsnt of $JK)(H) wax inade at the time, the note rorl7(H) representing the utqiald Hirliou of Hie (HirrhasM price of the stmk sub scnlied for b) Parker, who latr was made a director of the compauv The note, as drawn at the time ot the stock pun base, was made mvable to Hie Utah National Underwriters cor isiration and was not negotiable Istter, aeconling to the testimnnv f I'arker, it was replaced in Aogu-t, 1IU8, hi a note made pa.vable to "bearerT" with the tiuderstanding Hint it would not be wild by the mm I mn.v. Bank Buys Noto. Acquisition of the note b the Price bnnk wns through tho president I of the bank, J. M. Whitmore, and pur-, chaso of it from the compiiii) was ef feeled in part, according to Hie evidence evi-dence in the ease, by tho turning lacck lo the Utah National Underwriters corporation of some of the eorsira- lion's capital stock held by Whit-! I moro. In bringing suit to recover upon the nolo the bank represented that it appeared us an innocent purchaser pur-chaser of the note, that the note was n properly negotiable instrument, regular!) acquired through piirehae h) the bank and that it was a Unable legal claim for its fate value agauiot the executor Counsel for Parker, however, at tacked the vulidit) of the note and the manner of its acquirement bv Hie hank was tendered of no immediate sigmfieanee in the ease through the tilling of the oourt that tho note was void, that it was worthless even if in the hands of the Utah National l'u doruritor corporation because of the failure of the corporation to eompl) with the law bolero receiving it |