Legal Opinion

Givens v. Keeney

Idaho Supreme Court

Decided November 30, 1900PublishedCited by 1 opinion

APPEAL from District Court, Bingham County. Where there is no consideration for a guaranty, the guaranty is absolutely void. (Briggs v. Latham, 36 Kan. 205, 13 Pac. 129.) Where one agrees to forbear from something that he could not legally do, the agreement is without consideration.

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APPEAL from District Court, Bingham County. Where there is no consideration for a guaranty, the guaranty is absolutely void. (Briggs v. Latham, 36 Kan. 205, 13 Pac. 129.) Where one agrees to forbear from something that he could not legally do, the agreement is without consideration. (Clark on Contracts, 175.) The undertaking sued on provides among other things, that all proceedings to enforce the payment of the note and mortgage shall be stayed until after the trial of said cause or the dismissal thereof, and then not until after judgment in that action can plaintiff proceed upon either the…

1Opinion of the CourtQuarles, J.

This appeal is taken from the judgment in favor of the plaintiff in the lower court, John W. Givens, upon the following instrument, to wit:

*337"Know all men by these presents, that whereas, the plaintiff herein and his wife, Grace N. Beane, did, on or about March 20th, 1895, execute and deliver to the defendant their certain promissory note (secured by chattel mortgage), in words and figures the following, to wit: ‘$345.00. Blackfoot, Idaho, March 20, 1895. Nine months after date, without grace, for value received, I promise to pay to the order of Jno. W. Givens $345, negotiable and payable at…

2Cases cited2 opinions

  1. Baumgartner v. VollmerIdaho Supreme Court · 1897
  2. Beane v. GivensIdaho Supreme Court · 1898

3Cited by1 opinion

  1. Roos v. BelcherIdaho Supreme Court · 1958

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