Legal Opinion

Smith v. Field

Idaho Supreme Court

Decided March 17, 1911PublishedCited by 8 opinions

APPEAL from the District Court of the Fourth Judicial District, iu and for the County of Cassia. Hon. Edward A. Walters, Judge. Action by plaintiff for debt. Judgment for defendant and plaintiff appealed to the district court. Appeal was dismissed. This check had been certified at the request of the payee, and had become a certificate of deposit. {Met. Nat. Bank v. Jones, 137 111. 634, 31 Am.

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APPEAL from the District Court of the Fourth Judicial District, iu and for the County of Cassia. Hon. Edward A. Walters, Judge. Action by plaintiff for debt. Judgment for defendant and plaintiff appealed to the district court. Appeal was dismissed. This check had been certified at the request of the payee, and had become a certificate of deposit. {Met. Nat. Bank v. Jones, 137 111. 634, 31 Am. St. 403, 27 N. E. 533, 12 L. E. A. 492; Clews v. Bank of N. Y., 89 N. Y. 418, 42 Am. Eep. 303; Merchants’ Bank v. State Nat. Bank, 77 U. S. 604, 19 L. ed. 1008; Bank v. Merchants’ Nat. Bank, 91 N. Y.…

1Opinion of the CourtAilshie, Presiding J.

On the 24th day of June, 1910, judgment was entered in the justice’s court of Burley precinct, Cassia county, against appellant and in favor of respondent for the sum of $40 and costs. Thereafter the appellant served on the attorney for respondent a notice of appeal and filed the same with the justice of the peace on the 16th day of July. On the latter date, appellant deposited with the justice of the peace his personal cheek drawn on the Blackfoot State Bank for the sum of $244.60, and dated September 10, 1910. This check was at the time of its delivery to the justice of the peace duly…

2Cases cited6 opinions

  1. First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
  2. National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
  3. Born v. First National BankIndiana Supreme Court · 1890
  4. Metropolitan National Bank v. JonesIllinois Supreme Court · 1891
  5. Common v. PeopleIllinois Supreme Court · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Ahsmuhs v. BowyerSupreme Court of Oklahoma · 1913
  2. Schultz v. Rose Lake Lumber Co.Idaho Supreme Court · 1915
  3. Caldwell v. EvansIdaho Supreme Court · 1929
  4. England v. NelsonIdaho Supreme Court · 1918
  5. Parrish v. Menz School District No. 5North Dakota Supreme Court · 1929

3 more not listed; retrieve them via the Exa API.

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