Dearing v. Hockersmith
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. An action to recover the sum of $625 alleged to have been placed under the control of J. W. Hockersmith as trustee of appellant, claiming that Hockersmith and one Frank L. Leonard, cashier of the Grangeville Savings & Trust Company, combined, connived and conspired to appropriate and apply said sum to their own use.
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APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. An action to recover the sum of $625 alleged to have been placed under the control of J. W. Hockersmith as trustee of appellant, claiming that Hockersmith and one Frank L. Leonard, cashier of the Grangeville Savings & Trust Company, combined, connived and conspired to appropriate and apply said sum to their own use. In the absence of specific denials of a verified answer to a verified complaint, the answers would not raise a material issue under our statute. (See. 4183; United States…
1Opinion of the CourtStewart, J.
This is an action brought by appellant against the respondents to recover the sum of $625, alleged to have been placed under the control of J. W. Hockersmith as-trustee of appellant, and it is claimed that Hockersmith *143and F. L. Leonard, cashier of respondent bank and trust company, combined and connived and conspired to appropriate and apply said sum to their own use.
The allegations of the complaint were denied by the defendants, except the issuing of the cheek of the plaintiff to Hockersmith. The case was tried and judgment was rendered for the respondents and the action was dismissed. A…
Also in this document: Concurrence.
2Cases cited8 opinions
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
- Cunningham v. . DavenportNew York Court of Appeals · 1895
- Munnerlyn v. Augusta Savings BankSupreme Court of Georgia · 1891
- Bath Savings Institution v. HathornSupreme Judicial Court of Maine · 1895
- Stuart v. HauserIdaho Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Snell v. SticklerIdaho Supreme Court · 1931