Smith v. Wallace National Bank
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action for damages for failure to record a mortgage and for procuring it to be released when recorded, whereby plaintiff’s security was lost. Judgment for defendants. Order granting a new trial. The acts of Norbeck were clearly without the scope of his employment. (City Electric Street Ry. Co. v. First Nat.
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APPEAL from tbe District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action for damages for failure to record a mortgage and for procuring it to be released when recorded, whereby plaintiff’s security was lost. Judgment for defendants. Order granting a new trial. The acts of Norbeck were clearly without the scope of his employment. (City Electric Street Ry. Co. v. First Nat. Bank, 65 Ark. 543, 47 S. W. 855; Hummell v. Bank of Monroe, 75 Iowa, 689, 37 N. W. 954; Langlois v. Gragnon, 123 La. 453, 49 So. 18, 22 L. R. A., N. S., 414; School Dist. v. Be…
1Opinion of the CourtMorgan, J.
— Since the appeal in this case was taken the respondent, Mary A. Smith, died. Her death has been suggested of record and by stipulation of the parties Nora Smith, her executrix, has been substituted as respondent.
This is an action commenced by Mary A. Smith against the Wallace National Bank and H. F. Samuels, president thereof, appellants, and against D. E. Keys, vice-president, F. C. Norbeck, cashier, and Thomas McCabe, assistant cashier of said bank, for damages for failure to record a certain mortgage given to secure the payment of a promissory note for $3,000 due to her and for procuring…
2Cases cited12 opinions
- Hummel v. Bank of MonroeSupreme Court of Iowa · 1888
- City National Bank of Fort Worth v. MartinTexas Supreme Court · 1888
- Lowe v. LongIdaho Supreme Court · 1896
- Clifford v. Denver, S. P. & P. R.Supreme Court of Colorado · 1888
- Byron v. First Nat. BankOregon Supreme Court · 1915
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3Cited by18 opinions
- Deshazer v. TompkinsIdaho Supreme Court · 1969
- Riggs v. SmithIdaho Supreme Court · 1932
- Morton Realty Co. v. Big Bend Irrigation & M. Co.Idaho Supreme Court · 1923
- McAllister v. BardsleyIdaho Supreme Court · 1923
- Tidd v. Northern Pacific Railway Co.Idaho Supreme Court · 1928
13 more not listed; retrieve them via the Exa API.