Ore-Ida Potato Products, Inc. v. United Pacific Insurance
Idaho Supreme Court
1Concurring in part, dissenting in partMcFADDEN, Justice
*201I concur in the portion of the majority opinion dealing with the issue of whether appellant’s acceptance of the promissory note affected a material alteration of the suretyship contract, and also concur in that portion of the opinion pertaining to the necessity of a compensated surety showing prejudice. I also concur that the cause should be remanded for a new trial. However, I dissent from that portion of the opinion determining that no recovery could be had for the two carloads (truckloads) of potatoes represented by Exhibits 4 and 5.
The question presented is whether appellant Ore-Ida…
2Cases cited9 opinions
- Bloom v. BenderCalifornia Supreme Court · 1957
- Morro Palisades Co. v. Hartford Accident & Indemnity Co.California Supreme Court · 1959
- Lebrecht v. Union Indemnity Co.Idaho Supreme Court · 1933
- Baldwin v. Standard Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
- Pyrke v. Standard Accident InsuranceNew York Supreme Court · 1932
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