Tritthart v. Tritthart
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action upon a promissory note. Nonsuit granted. Appeal from order. The plaintiff, under sec. 5957, Rev. Codes, could not testify as to the nonpayment of the note, but, in the absence of testimony to the contrary, the note itself, as stated above, is sufficient evidence of the nonpayment of the note to take the case to the jury.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action upon a promissory note. Nonsuit granted. Appeal from order. The plaintiff, under sec. 5957, Rev. Codes, could not testify as to the nonpayment of the note, but, in the absence of testimony to the contrary, the note itself, as stated above, is sufficient evidence of the nonpayment of the note to take the case to the jury. (Light v. Stevens, 159 Cal. 288, 113 Pae. 659; Sheffield v. Cleland, 19 Ida. 612, 115 Pac. 20.) “Where two persons execute a note, one as principal and the…
1Opinion of the CourtStewart, J.
This is an action upon an implied contract for the recovery of the sum of $722.65 and interest. The complaint alleges that on the 26th day of August, 1906, the plaintiff, G. W. Tritthart, and Charles F. Tritthart, deceased, delivered 'to the First National Bank of Centralia, Indian Territory, their joint and several promissory note for the sum of $788.45, dated August 26, 1906; that the plaintiff received no consideration for the note, but signed the same *188as an accommodation for the said C. F. Tritthart; that C. F. Tritthart did not pay the note at maturity, and that plaintiff was compelled…
2Cases cited7 opinions
- Chipman v. Morill & WebsterCalifornia Supreme Court · 1862
- Light v. StevensCalifornia Supreme Court · 1911
- Richter v. HenningsanCalifornia Supreme Court · 1895
- Guild v. McDanielsSupreme Court of Kansas · 1890
- Miller v. ZeiglerUtah Supreme Court · 1881
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3Cited by4 opinions
- Resource Engineering, Inc. v. SilerIdaho Supreme Court · 1972
- Stafford v. FieldIdaho Supreme Court · 1950
- Great American Indemnity Co. v. BisbeeIdaho Supreme Court · 1938
- Great American Indemnity Co. v. BisbeeIdaho Supreme Court · 1938