Security Savings & Trust Co. v. Rogers
Idaho Supreme Court
APPEAL from District Court, Latah County. These were negotiable notes, and being indorsed and delivered to the plaintiff before their maturity, for a valuable consideration, the debt was at the time of the filing of the petition of insolvency held and owned by a nonresident of the state of Idaho, and the insolvency laws of Idaho could have no extraterritorial effect, and were, and are, no bar to this debt; and the fact that they were held as collateral security does not…
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APPEAL from District Court, Latah County. These were negotiable notes, and being indorsed and delivered to the plaintiff before their maturity, for a valuable consideration, the debt was at the time of the filing of the petition of insolvency held and owned by a nonresident of the state of Idaho, and the insolvency laws of Idaho could have no extraterritorial effect, and were, and are, no bar to this debt; and the fact that they were held as collateral security does not change this rule. (Baldwin v. Hale, 1 Wall. 223.) Insolvent laws of one state cannot discharge the contracts of citizens of…
1Opinion of the CourtSullivan, J.
— This suit was brought to recover on two certain promissory notes, alleged to have been executed by the defendants, H. M. Rogers and Paulina Rogers, his wife. The' defendant, H. M. Eogers, answered the complaint, admitted his execution of said notes, but defended on the ground that he had obtained a discharge in insolvency under the insolvent laws of the state of Idaho. The defendant, Paulina Eogers, answered, and denied that she had signed either of said promissory notes. The plaintiff dismissed the action as to her. The cause was tried by the court with a jury. Verdict was given in favor…
2Cases cited5 opinions
- Baldwin v. HaleSupreme Court of the United States · 1864
- Hawley v. HuntSupreme Court of Iowa · 1869
- Fox v. Harrison National BankCourt of Appeals of Kansas · 1897
- Roberts v. AthertonSupreme Court of Vermont · 1888
- Carbee v. MasonSupreme Court of New Hampshire · 1885