Bank of Commerce, Ltd. v. Baldwin
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Frank J. Smith, Presiding Judge. Action on a promissory note. Judgment by default against defendant Baldwin, and judgment of nonsuit in favor of defendant Bowers. Plaintiff appealed.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Frank J. Smith, Presiding Judge. Action on a promissory note. Judgment by default against defendant Baldwin, and judgment of nonsuit in favor of defendant Bowers. Plaintiff appealed. On a motion for nonsuit, the court must accept as proven every fact which the evidence tended to prove, and which was essential to be proven, to entitle the plaintiff to a recovery upon the cause of action as stated in the complaint. (Dow v. Gould & Gurry Silver Min. Go., 31 Cal. 629; Warner v. Darrow, 91 Cal. 309, 27 Pac. 737;…
1Opinion of the CourtAilshie, J.
This action was commenced by the Bank . of Commerce against Geo. E. Baldwin and Sarah A. Bowers to recover a balance of $5,697.05 due on a promissory note executed by Baldwin and Mrs. Bowers on the fourth day of November, 1903. Baldwin defaulted and Mrs. Bowers answered admitting the execution of the note and the amount *207due, but denying her liability for the reason that the same was executed by her simply as a surety for Baldwin, and that the contract did not in any way affect her separate property, and was not made for her .use and benefit or in reference to her separate estate. The case…
2Cases cited10 opinions
- Later v. HaywoodIdaho Supreme Court · 1906
- Jaeckel v. PeaseIdaho Supreme Court · 1898
- Dernham & Kaufmann v. RowleyIdaho Supreme Court · 1896
- Holt v. GridleyIdaho Supreme Court · 1900
- Strode v. MillerIdaho Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Johnson v. Allied Stores Corp.Idaho Supreme Court · 1984
- Ryals v. Broadbent Development Co.Idaho Supreme Court · 1977
- Coulson v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1924
- Williams v. PaxtonIdaho Supreme Court · 1977
- Frost v. MeadIdaho Supreme Court · 1963
38 more not listed; retrieve them via the Exa API.