Dulaney v. Burke
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The conveyance of the mining property to the defendant was not intended as a sale, bet was made by the plaintiff for a certain purpose of his own, and upon an understanding with the defendant that the land was afterward to be conveyed back in the event of certain contingencies, and that the note was given at the time under an agreement that it was not to be paid.
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APPEAL from District Court, Shoshone County. The conveyance of the mining property to the defendant was not intended as a sale, bet was made by the plaintiff for a certain purpose of his own, and upon an understanding with the defendant that the land was afterward to be conveyed back in the event of certain contingencies, and that the note was given at the time under an agreement that it was not to be paid. This fact was sought to be proven by the defendant, and the court below refused to admit the evidence. The answer raises this defense squarely, and in law it was a good defense, and the…
1Dissent
BERRY, J.,
Dissenting. — This is an action upon a promissory note, made by the defendant to this plaintiff at Salt Lake City, Utah, August 10, 1883, payable one year after date. The action is between the original parties to the note. The complaint is in the usual form. The amended answer sets up that "the note mentioned and set forth in the complaint was given-for the consideration and under the conditions following, to wit: On the tenth day of August, 1883, the plaintiff had negotiated the purchase of the two mining properties at, etc., territory of Utah, being the undivided half of the…
2Cases cited16 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Brown v. SpoffordSupreme Court of the United States · 1877
- Benton v. . MartinNew York Court of Appeals · 1873
- Specht v. HowardSupreme Court of the United States · 1873
- Downer v. ChesebroughSupreme Court of Connecticut · 1869
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