Harshbarger v. Eby
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, in and for Fremont County. Hon. James G. Gwinn, Judge. Action to recover on promissory note. Judgment for plaintiff. The consideration named in a written instrument may be shown by parol evidence to be different from that expressed. (3 Jones on Evidence, art. 469; Van Lehn v. Morse, 16 Wash. 219, 47 Pac. 435; Don Yooh v. Washington Mill.
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APPEAL from the District Court of the Ninth Judicial District, in and for Fremont County. Hon. James G. Gwinn, Judge. Action to recover on promissory note. Judgment for plaintiff. The consideration named in a written instrument may be shown by parol evidence to be different from that expressed. (3 Jones on Evidence, art. 469; Van Lehn v. Morse, 16 Wash. 219, 47 Pac. 435; Don Yooh v. Washington Mill. Co., 16 Wash. 459, 47 Pac. 964; Welch v. Brown, 46 Colo. 129, 103 Pac. 296; Parish v. Stone, 14 Pick. (Mass.) 198, 25 Am. Dec. 378; Herbert v. Ford, 29 Me. 546; Folsom v. Mussey, 8 Greenl. (8 Me.)…
1Opinion of the CourtBudge, J.
This action was commenced in the district ’ court of the ninth judicial district in and for Fremont county *756by respondent to'recover on a promissory note in the sum of $2,500, together with interest and attorney’s fee.
Appellant, prior to the date of the execution and delivery of this note, resided at Elko, Nevada, where he was following his profession as a physician and surgeon. Respondent, who was also a physician and surgeon, following ■his profession at St. Anthony, Idaho, had authorized the publication of a notice in “The Journal of the American Medical Association” that he desired to sell…
2Cases cited17 opinions
- Seattle National Bank v. CarterWashington Supreme Court · 1895
- Myrick v. BillSupreme Court Of The Territory Of Dakota · 1883
- Wilson v. Town of MonticelloIndiana Supreme Court · 1882
- Holt v. Spokane & Palouse Railway Co.Idaho Supreme Court · 1895
- Kuhland v. SedgwickCalifornia Supreme Court · 1860
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Papin v. PapinIdaho Supreme Court · 2019
- Stewart v. StewartIdaho Supreme Court · 2007
- Carr v. CarrIdaho Court of Appeals · 1985
- Fenton v. King Hill Irr. Dist.Idaho Supreme Court · 1947
- Small v. ComerSupreme Court of Oklahoma · 1935
11 more not listed; retrieve them via the Exa API.