Yates v. Spofford
Idaho Supreme Court
APPEAL from District Court, Ada County. The appellant admits that Harry Timmons did indorse said note before maturity, but appellant contends that Harry Tim-mons, was not the payee of such note, and that the real payee never indorsed such note, and therefore this appellant should not be bound by such an indorsement, as he did not indorse such note for the payee therein named, but only indorsed the same as an individual and not as the owner or payee of such note.
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APPEAL from District Court, Ada County. The appellant admits that Harry Timmons did indorse said note before maturity, but appellant contends that Harry Tim-mons, was not the payee of such note, and that the real payee never indorsed such note, and therefore this appellant should not be bound by such an indorsement, as he did not indorse such note for the payee therein named, but only indorsed the same as an individual and not as the owner or payee of such note. If the word “agent” as used in such note imports any notice whatever, then the respondent was bound by such notice, and cannot…
1Opinion of the CourtStockslager, J.
This action is based upon a promissory note, to wit:
“$136.75. Boise, Idaho, April 28th, 1899.
“Six months after date, for value received, I, we, or either of us, promise to pay to the order of Harry Timmons, agent, $136.75, at the Capital State Bank of Idaho, Limited, Boise, Idaho, without defalcation or discount, with interest at the rate of six per cent per annum from maturity until paid, both before and after judgment. It is also stipulated that, should this note be collected by an attorney, whether by suit or otherwise, -per cent shall be allowed the holder as attorney’s fees.
(Signed)…
2Cases cited3 opinions
- Bank of N.Y. v. . Bank of OhioNew York Court of Appeals · 1864
- Chamberlain v. Pac. Wool-Growing Co.California Supreme Court · 1880
- Preston v. DunhamSupreme Court of Alabama · 1875
3Cited by1 opinion
- Valley State Bank, Ltd. v. Post Falls Land & Water Co.Idaho Supreme Court · 1916