Park v. Johnson
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action upon a promissory note. Judgment for defendants. Plaintiff appeals. “Constructive notice from extrinsic circumstances must be clear, and it must appear that the indorsee was apprised of such circumstances as would have avoided the note in the hands of the indorser.” (1 Daniels, Neg.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action upon a promissory note. Judgment for defendants. Plaintiff appeals. “Constructive notice from extrinsic circumstances must be clear, and it must appear that the indorsee was apprised of such circumstances as would have avoided the note in the hands of the indorser.” (1 Daniels, Neg. Inst., p. 799; Horton v. Bayne, 52 Mo. 533; Wildsmith v. Tracey, 80 Ala. 262; Lee v. Whitney, 149 Mass. 447, 21 N. E. 948; Goetz v. Bank of Kansas City, 119 U. S. 551, 7 Sup. Ct. 318, 30 L. ed.…
1Opinion of the CourtStewart, C. J.
This is an action to recover upon a promissory note for $1,125, dated Coeur d’Alene, Idaho, March 26, 1906, and due three years from date, and executed jointly and severally by respondents to McLaughlin Bros, and by McLaughlin Bros, indorsed and transferred before maturity for value received, to the plaintiff, appellant herein, who claims to be the owner of the same. The answer admits the execution of the note sued on and puts in issue the plaintiff’s ownership of said note and the transfer to plaintiff by *552McLaughlin Bros, before its maturity, and alleges that the note was originally obtained…
2Cases cited3 opinions
- Schmueckle v. WatersIndiana Supreme Court · 1890
- Winter v. NobsIdaho Supreme Court · 1910
- State National Bank of Springfield v. BennettIndiana Court of Appeals · 1894
3Cited by14 opinions
- Towne v. Northwestern Mutual Life InsuranceIdaho Supreme Court · 1937
- Morton v. Morton Realty Co.Idaho Supreme Court · 1925
- Vaughn v. JohnsonIdaho Supreme Court · 1911
- Lentz v. LandersArizona Supreme Court · 1919
- First National Bank v. HallIdaho Supreme Court · 1917
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