Brown v. Miller
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action by the receiver of an insolvent bank against the maker of certain promissory notes. Judgment for the plaintiff. Defendant appealed.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action by the receiver of an insolvent bank against the maker of certain promissory notes. Judgment for the plaintiff. Defendant appealed. In a suit between the original parties to a promissory note, or in a suit between the assignee, or indorsee of a note, and the maker, the defense of fraud, or want of, or failure of, consideration can always be set up unless the plaintiff can show that he is an innocent bona fide indorsee for value, before maturity, and without any notice (not…
1Opinion of the CourtAilshie, J.
This action was commenced by the receiver of the Idaho State Bank for the collection of three promissory notes executed by the appellant for the aggregate sum of $30,427.32. The appellant set up the defense that the notes were procured through fraud and misrepresentation and that the receiver of the bank had notice thereof or was chargeable with notice of the fraud practiced and which entered into the execution of the notes. The court found in favor of the receiver of the bank and the defendant appealed.
On the 31st day of August, 1910, the Idaho State Bank of Hailey, Idaho, was closed by the…
2Cases cited10 opinions
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
- Winter v. NobsIdaho Supreme Court · 1910
- Hackley v. . DraperNew York Court of Appeals · 1875
- Vaughn v. JohnsonIdaho Supreme Court · 1911
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3Cited by2 opinions
- Evona Inv. Co. v. BrummittUtah Supreme Court · 1925
- Amthon v. First State Bank of UvaldeCourt of Appeals of Texas · 1917