Park v. Brandt
Idaho Supreme Court
APPEAL from the District Court of tbe Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action upon a promissory note. Judgment for defendants ; plaintiff appealed. Evidence of transactions wholly disconnected with the transaction under consideration is entirely incompetent, and will not be admitted, as such testimony could only have the effect of prejudicing the rights of the plaintiff in this action.
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APPEAL from the District Court of tbe Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action upon a promissory note. Judgment for defendants ; plaintiff appealed. Evidence of transactions wholly disconnected with the transaction under consideration is entirely incompetent, and will not be admitted, as such testimony could only have the effect of prejudicing the rights of the plaintiff in this action. (.Elliott v. Lyman, 85 Mass. 110; Sutter v. Lackman, 39 Mo. 91; Canon v. National Bank, 3 Neb. (Unof.) 348, 91 N. W. 585.) In order to impute notice to the plaintiff,…
1Opinion of the CourtStewart, C. J.
This is an action upon a promissory note executed by respondents to McLaughlin Brothers, and by them indorsed and transferred to appellant. The complaint is in the ordinary form and alleges that the note sued upon was sold and delivered to the plaintiff for value before maturity, and that the plaintiff is now the owner and holder thereof. The answer puts in issue the allegations of the complaint, and affirmatively pleads fraud, want of consideration, breach of warranty and false representations on the part of McLaughlin Brothers in the inception of the note.
The cause was tried to a jury and a…
2Cases cited7 opinions
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
- Winter v. NobsIdaho Supreme Court · 1910
- Union National Bank v. WinsorSupreme Court of Minnesota · 1907
- Park v. JohnsonIdaho Supreme Court · 1911
- Citizens Savings Bank v. HoutchensWashington Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First National Bank v. HallIdaho Supreme Court · 1917
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
- Winter v. HutchinsIdaho Supreme Court · 1911
- Vaughan v. BrandtIdaho Supreme Court · 1912
- Southwest National Bank v. LindsleyIdaho Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.