Jorgenson v. Stirling
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Action to foreclose mortgage. Judgment for plaintiff.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Action to foreclose mortgage. Judgment for plaintiff. The rule that when an agent commits a wrong in the transaction of the business of his principal the principal is liable for the injury produced cannot apply where the agent when committing the wrong is bargaining on his own account, for his own private advantage exclusively, and this is known to the person with whom he is bargaining. (Esitevez v. Purdy, 66 N. Y. 446; Bank of United States v. Waggener, 9 Pet. (U. S.) 378, 9 L. ed.…
1Opinion of the CourtRice, C. J.
This is an appeal from a decree of foreclosure of a mortgage upon certain real estate situated in Kootenai county. The defenses interposed were that usury was exacted upon the debt which the mortgage was given to secure and that respondent was estopped from declaring the whole amount due under an option contained in the note, and mortgage, and that therefore the action was brought prematurely.
On December 17, 1918, W. B. Mitchell executed his note to respondent for $6,270, together with a mortgage to secure the same on the property above mentioned. The note provided for interest” at the rate…
2Cases cited9 opinions
- Gagnon v. St. Maries Light & Power Co.Idaho Supreme Court · 1914
- Feehan v. KendrickIdaho Supreme Court · 1918
- Lee v. HillmanWashington Supreme Court · 1913
- Medling v. SeawellIdaho Supreme Court · 1922
- Washington Fire Insurance v. Maple Valley Lumber Co.Washington Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Evans v. Continental Life and Accident CompanyIdaho Supreme Court · 1965
- American Home Benefit Ass'n v. United American Benefit Ass'nIdaho Supreme Court · 1942
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