Legal Opinion

Fruitland State Bank v. Lauer

Idaho Supreme Court

Decided August 1, 1921PublishedCited by 5 opinions

APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. Isaac F. Smith, Judge. Action on promissory note. Judgment for plaintiff. “An appellate court will not disturb the judgment of a trial court, because of conflict in the evidence, when there is sufficient proof, if uneontradicted, to sustain it.”

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APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. Isaac F. Smith, Judge. Action on promissory note. Judgment for plaintiff. “An appellate court will not disturb the judgment of a trial court, because of conflict in the evidence, when there is sufficient proof, if uneontradicted, to sustain it.” (Lyons v. Lambrix, 33 Ida. 99, 190 Pae. 356; Clifford v. Lake, 33 Ida. 77, 190 Pac. 714; Black v. Black, 33 Ida. 226, 191 Pac. 353; Bafus v. Peeper, 33 Ida. 324, 194 Pae. 76; Haydon v. Branson, 33 Ida. 368, 195 Pac. 545.)

1Opinion of the CourtBudge, J.

This is an action by respondent upon a' promissory note for $1,700, executed and delivered to it by appellant on June 7, 1916.

In his answer, appellant admitted the execution and delivery of the note, but alleged that at the time of its execution, and of the execution of a former note of which the note sued upon is a renewal, respondent verbally agreed that if appellant would execute said note as an accommodation to it, respondent would never demand payment thereof, which agreement was falsely and fraudulently made, with intent to defraud and injure appellant, and that relying on said…

2Cases cited6 opinions

  1. Darry v. CoxIdaho Supreme Court · 1916
  2. Bafus v. PeeperIdaho Supreme Court · 1920
  3. Clifford v. LakeIdaho Supreme Court · 1920
  4. Black v. BlackIdaho Supreme Court · 1920
  5. Lyons v. LambrixIdaho Supreme Court · 1920

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. JohnstonIdaho Supreme Court · 1941
  2. Colorado Milling & Elevator Co. v. ProctorIdaho Supreme Court · 1938
  3. Crumpacker v. Bank of Washington CountyIdaho Supreme Court · 1924
  4. Heintzsch v. LaFranceCalifornia Supreme Court · 1935
  5. Bedal v. SmithIdaho Supreme Court · 1923

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