Winter v. Nobs
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, in and for Kootenai County. Hon. Eobert N. Dunn, Judge. Action by plaintiff on a promissory note. Judgment for defendants and plaintiff appeals. “The holder of commercial paper is presumed to have taken it únderdue for a valuable consideration and without notice of any objections to which it was liable,- and this presumption stands until overcome by sufficient proof.”
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APPEAL from the District Court of the Eighth Judicial District, in and for Kootenai County. Hon. Eobert N. Dunn, Judge. Action by plaintiff on a promissory note. Judgment for defendants and plaintiff appeals. “The holder of commercial paper is presumed to have taken it únderdue for a valuable consideration and without notice of any objections to which it was liable,- and this presumption stands until overcome by sufficient proof.” (Carpenter v. Logan, 83 U. S. 271, 21 L. ed. 313; Chambers Co. v. Clews, 88 U. S. 317, 22 L. ed. 517; New Orleans Camal é B. C. Co. v. Montgomery, 95 U. S. 16, 24…
1Opinion of the CourtAilshie, J.
— The appellant is the indorsee of the note sued upon. The note was executed by the respondents in favor of McLaughlin Bros, in part payment for an imported stallion. The sale was made at Coeur d’Alene City through one V. E. Woods, as agent for the McLaughlin Bros. At the time the sale was made and the promissory note was executed, Woods, acting as agent for the vendors of the horse, executed and delivered to the vendees, who are the makers of the note, a certificate of warranty and guaranty as to the utility and general condition of the animal sold. The note came due on the 29th day of…
2Cases cited8 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- Union National Bank v. WinsorSupreme Court of Minnesota · 1907
- Gray v. BoyleWashington Supreme Court · 1909
- Lerch Hardware Co. v. First National BankSupreme Court of Pennsylvania · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Taylor v. American National BankSupreme Court of Florida · 1912
- City of New Port Richey v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Fifth Circuit · 1939
- Estate of Philpott v. PhilpottSupreme Court of Iowa · 1915
- Vaughn v. JohnsonIdaho Supreme Court · 1911
- Hill v. DillonMissouri Court of Appeals · 1913
24 more not listed; retrieve them via the Exa API.