Pennypacker v. Latimer
Idaho Supreme Court
APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Action to foreclose a mortgage. Judgment for defendant.' Payment of a bill or note should be. made to the legal owner or holder thereof, or to the holder’s general agent for the collection of such papers, or to someone having special authority to ■collect in the particular instance, and proof of authority to a person to collect interest does not authorize him to collect the principal.
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APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Action to foreclose a mortgage. Judgment for defendant.' Payment of a bill or note should be. made to the legal owner or holder thereof, or to the holder’s general agent for the collection of such papers, or to someone having special authority to ■collect in the particular instance, and proof of authority to a person to collect interest does not authorize him to collect the principal. (University Bank v. Tuck, 96 Ga. 465, 23 S. E. 467; Bronson v. Ashlock, 2 Kan. App. 255, 41 Pae. 1068; 2' Daniel on Negotiable…
1Opinion of the Court
SULLIVAN, J. —
The appellant, who was plaintiff, brought this action as assignee of a negotiable promissory note and mortgage securing the payment of the same, to foreclose said mortgage and to collect the amount due, on said promissory note. The following facts appear from the record. That on the first day of March, 1897, James F. and Sarah M. Belk were the owners of .lot 9 in block 48, Boise City, and on that date made application to the Bunnell & Eno Investment Company, a corporation, to negotiate for them a loan of $850 on said lot. In that application the Belks constituted said…
2Cases cited5 opinions
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Biggerstaff v. MarstonMassachusetts Supreme Judicial Court · 1894
- Schultz v. SroelowitzIllinois Supreme Court · 1901
- Dodge v. BirkenfeldMontana Supreme Court · 1897
- Bronson v. AshlockCourt of Appeals of Kansas · 1895
3Cited by6 opinions
- International Life Ins. Co. v. BradleySupreme Court of Oklahoma · 1926
- Colorado National Bank v. RehbeinSupreme Court of Colorado · 1931
- Hunsaker v. RhodehouseIdaho Supreme Court · 1955
- Farber v. Page & Mott Lumber Co.Idaho Supreme Court · 1911
- Nielson v. WestromIdaho Supreme Court · 1928
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