Kemmerer v. Pollard
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for the County of Lemhi. Hon. J. M. Stevens, Judge. Action by the plaintiffs to recover on a promissory note given as part payment for the purchase of a vehicle. Answer and cross-complaint by the defendants admitting the sale and the execution and delivery of the note and attempting to charge deceit and false and fraudulent representations made by the vendor upon the sale of the property.
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APPEAL from the District Court of the Sixth Judicial District, for the County of Lemhi. Hon. J. M. Stevens, Judge. Action by the plaintiffs to recover on a promissory note given as part payment for the purchase of a vehicle. Answer and cross-complaint by the defendants admitting the sale and the execution and delivery of the note and attempting to charge deceit and false and fraudulent representations made by the vendor upon the sale of the property. Judgment for the defendants and plaintiffs appeal. Where fraud is relied upon, a general allegation charging fraudulent intent will not suffice;…
1Opinion of the CourtAilshie, C. J.
This is an appeal from the judgment and was taken within sixty days after the rendition and entry thereof. The record contains a statement of the evidence in the case. The action was commenced by the plaintiffs to recover the principal, interest and $25 attorney’s fee on a conditional sale note, of which the following is a copy:
“$62.50 August 15, 1902.
“On or before the first day of December, 1904, for value received I promise to pay to Kemmerer Vehicle Co., or order, at their office in Grinnell, Iowa, sixty-two 50-100 dollars with exchange and collection charges, with interest from date until…
2Cases cited8 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Williams v. McFaddenSupreme Court of Florida · 1887
- Rothmiller v. . SteinNew York Court of Appeals · 1894
- Krause v. BusackerWisconsin Supreme Court · 1900
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3Cited by12 opinions
- Nelson v. HoffIdaho Supreme Court · 1950
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- Advance-Rumely T. Co., Inc. v. JacobsIdaho Supreme Court · 1931
- Baird v. GibberdIdaho Supreme Court · 1920
- Wilson v. Baker Clothing Co.Idaho Supreme Court · 1913
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