Craig v. Palo Alto Stock Farm
Idaho Supreme Court
APPEAL from tbe District Court of tbe Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover on a promissory note. Judgment by nonsuit for defendants. Craig was the proper party plaintiff, because by the assignment he became the “holder” of the note, and was authorized to sue by statute, sec. 3508.. (Smith v. Bayer, 46 Or. 143, 114 Am.
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APPEAL from tbe District Court of tbe Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover on a promissory note. Judgment by nonsuit for defendants. Craig was the proper party plaintiff, because by the assignment he became the “holder” of the note, and was authorized to sue by statute, sec. 3508.. (Smith v. Bayer, 46 Or. 143, 114 Am. St. 858, 79 Pae. 497; Tyson v. Joyner, 139 N. C. 69, 51 S. E. 803.) He held the note as “trustee of an express trust” for the Bank of Emmett, and was therefore also authorized to sue thereon by express provision of statute,…
1Opinion of the CourtSullivan, C. J.
This is an action on a promissory note brought by the appellant. The note in question was executed by fifteen respondents in favor of and delivered to the respondent the Palo Alto Stock Farm, N. W. Thompson, manager. It is alleged in the complaint that the note was sold for value by the Palo Alto Stock Farm before maturity, to the Bank of Emmett, and subsequently assigned by that bank to the appellant, who is cashier of said bank. The answer denied many of the allegations of the complaint and set up fraud in the execution of the note. Upon the *704trial of the case and at the close of plaintiff’s…
2Cases cited5 opinions
- Warren v. StoddartIdaho Supreme Court · 1899
- Brumback v. J. B. Oldham & Co.Idaho Supreme Court · 1878
- Smith v. BayerOregon Supreme Court · 1905
- Cobb v. DoggettCalifornia Supreme Court · 1904
- Carpenter v. WaddellNevada Supreme Court · 1865
3Cited by11 opinions
- Dunn v. Boise CityIdaho Supreme Court · 1929
- McCluskey v. GallandIdaho Supreme Court · 1973
- Hay v. HudsonWyoming Supreme Court · 1924
- Anderson v. CoolinIdaho Supreme Court · 1916
- Moore v. Boise Land & Orchard Co.Idaho Supreme Court · 1918
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