Frank v. Davis
Idaho Supreme Court
APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action on promissory note. Judgment for plaintiff. The statute which provides that an action for relief against fraud must be commenced within a certain period does not apply where the fraud is set up merely by way of defense and not as a ground for af6rmative relief. (25 Cyc. 1194; Wood on Limitations, art. 284, subd. 2; Evans v. Duke, 6 Cal.
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APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action on promissory note. Judgment for plaintiff. The statute which provides that an action for relief against fraud must be commenced within a certain period does not apply where the fraud is set up merely by way of defense and not as a ground for af6rmative relief. (25 Cyc. 1194; Wood on Limitations, art. 284, subd. 2; Evans v. Duke, 6 Cal. Unrep. 973, 69 Pac. 688; Thomas v. Bauer, 62 Kan. 568, 64 Pac. 80; Brown v. Cloud County Bank, 2 Kan. App. 352, 42 Pae. 593; Boiinson v.…
1Opinion of the CourtRice, C. J.
This is an action on a promissory note. Appellant answered admitting the execution of the note but denying that any sum was due thereon. Appellant also alleged that he had received no consideration for the note in that it was obtained by respondent through his fraudulent representations. The allegations with reference to the fraudulent representations of respondent are in substance the following: That on or about June 29, 1914, respondent was the owner of a certain tract of land, describing it, and represented to appellant that the land contained approximately sixty acres under cultivation…
2Cases cited10 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Lady Washington Consolidated Co. v. WoodCalifornia Supreme Court · 1896
- Buck v. Equitable Life Assurance Society of the United StatesWashington Supreme Court · 1917
- Louisville Banking Co. v. BuchananCourt of Appeals of Kentucky · 1904
- Wonnacott v. County of KootenaiIdaho Supreme Court · 1919
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
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- Gridley v. RossIdaho Supreme Court · 1923
- Smith v. Idaho State University Federal Credit UnionIdaho Supreme Court · 1988
- Kelson v. AhlbornIdaho Supreme Court · 1964
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