Helgeson Ex Rel. Helgeson v. Powell

GIVENS, J.,

Concurring Specially. — I concur in the conclusion reached, but not in the portion of the opinion over ruling Haffner v. United States F. & G. Co., 35 Ida. 517, 207 Pac. 715, and Federal Reserve Bank v. Smith, 42 Ida. 224, 244 Pac. 1102, because I think those cases are distinguishable from the situation herein and capable of being harmonized thus: Haffner v. United States F. & G. Co., supra, considered venue not liability, and while “virtue” and “color” are contrasted, no decisive holding was necessary or made therein as to liability, only as to a cause of action coming under…